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A COMPILATION
OP -THE
lata*
OF THE
STATE OF GEORGIA,
PASSED BY THE LEGISLATURE
SINCE THE YEAR 1810 TO THE YEAR 1819, INCLUSIVE.
COMPRISING
ALL THE LAWS PASSED WITHIN THOSE PERIODS, ARRANGED UNDER APPROPRIATE HEADS, WITH NOTES OF
REFERENCE TO THOSE LAWS, OR PARTS OF LAWS, WHICH ARE AMENDED OR REPEALED.
TO WHICH ARE ADDED,
SUCH CONCURRED AND APPROVED
mi§®awsa®»^
AS ARE EITHER OF GENERAL, LOCAL, OR PRIVATE MOMENT,
CONCLUDING "WITH
A COPIOUS IXDEX TO THE* LAWS,
AND
A SEPARATE ONE TO THE RESOLUTIONS .
By LUCIUS Q. C. LAMAR, Esq.
AUGUSTA.
PUBLISHED BY T. S. HANNON
!8£L
t. MERTON COUL
•
WILLIAM BROWN, PriwteiO
Philadelphia. 3
>:■
m rtaiibi»i *
n.v-' :
EXECUTIVE DEPARTMENT, GEORGIA, l
MlLLEDGEVILLE, 226. FEBRUARY, 1821. 5
WHEREAS, by an act passed the 12th day of December, 1809, entitled "An
act to compile and arrange the Laws and Resolutions of this state, passed since
the political year 1800/' it is enacted and declared, " That during the year 1810
the Laws of this state, passed since the political year 1800, and concurred and
approved Resolutions, except such as relate to elections by the General Assembly,
and every tenth year thereafter, shall be compiled, arranged and printed." And
by the same act it is further enacted and declared, " That the Legislature shall, by
joint ballot of both branches, appoint some fit and proper person to compile and
arrange the Laws of this state, in pursuance of this act, and report the same to
his excellency the Governor, who shall approve or disapprove of the same."
And whereas, Lucius Q,. C. Lamar, Esquire, was, by joint ballot of both
branches of the Legislature, in conformity with the before in part recited act,
elected, on the 16th December, 1819, to compile and arrange the Laws of this
state, passed since the last compilation to the year 1819, inclusive, in pursuance
of the aforesaid act.
And whereas, the said Lucius Q, C. Lamar, Esquire, hath presented to me a
compilation of the Laws and Resolutions of this state, made in conformity to the
said act ; which compilation was, by an order of this department, of the 24th of
January last, submitted to the inspection and examination of Simon Whitaker,
James Camak, William Y. Hansell and James Bozeman, Esquires, who have re-
ported thereon as follows, viz :
' W x e have, under your order and appointment, of the 24th of last month,
proceeded to the examination and correction of a compilation, by Lucius Q,. C.
Lamar, Esquire, of all the Laws of this state, from the year 1810 to the year 1819
inclusive, and such resolutions as were presented by the compiler, and which we
think are all that are of such a general nature as entitle them to a place in a work
of this kind, with the enrolled Laws and Resolutions, under the great seal in the
A2
IV
office of the secretary of the state ; and have now the honour herewith to return
the said compilation as a true copy of the said laws and resolutions.
" The marginal notes, and an index to the whole, we have taken as presented
by the compiler, as we have found so much correctness in the work, that we have
deemed it unnecessary to pursue the examination in those parts of it where we
consider his capacity alone sufficient to warrant their correctness.
"We cannot take leave of the subject without doing the compiler the justice
to say, that the whole of the work is admirably arranged, and well executed."
Now be it known, to all whom it may concern, that I, John Clark, Governor
of the state of Georgia, do, in conformity with the aforesaid Report, and in obe-
dience to the aforementioned act, hereby approve of the aforesaid compilation of
the Laws and Resolutions of this state.
JOHN CLARK.
■
1M
PREFACE
TN this volume are comprised all the laws passed by the legislature
since the year 1810 to the year 1819, inclusive, arranged under sepa-
rate titles. The laws under each title are placed in the order of time
in which they were enacted ; and the year of their passage, together
with the title, is expressed at the top of each page. The acts are all
numbered, and to those which are amended or repealed, notes are
added, referring to the amendatory or repealing law, by its number,
and the year of its passage.
■
#
■
w v
TITLES
CONTAINED IN THIS VOLUME.
PAGE
Academies, 1
Actions, Limitations of, 30
Alleviating Laws, . . . .33
Aliens, . ... . .43
Appropriation Acts, ... 47
Attachments, . . . . .69
Banks, Incorporated, . . .74
Banks Unchartered, and Change Bills, 103
112
116
127
131
133
135
167
169
171
180
■
Boat Hands, .
Bridges, Toll, . . ^
Canals, ....
Census, ....
Certioraries and Injunctions,
Clerks, Sheriffs, and other Officers,
Confiscation, .....
Costs, .....
Constitution, Amendments of the,
Counties, Court-Houses and Jails,
Debt, Public, (outstanding evidences of) 244
248
250
252
267
274
276
280
Debtors, Insolvent,
Digest, M
Divorces, . . .
Elections, . . . .
Engineer, Topographical and Civil,
Escheats, . . .
Estrays, . . - .
Executors, Administrators and Guar-
dians,
Evidence, Records and Conveyances,
Factory, Woollen, *.
Ferries, ...
Fees and Salaries, ....
Free Schools, ....
282
288
302
304
319
325
JAGB
Inspection of Flour, i. 326
Inspection of Tobacco, . . . 334
Interest, 336
Joint Obligors, . . . . 338
Judiciary Laws, .... 339
Jurors, Grand and Petit, . . 395
Land, Acts relative to, . . . 404
Light-Houses, .... 434
Lumber and Staves, .... 435
Militia, 436
Mississippi Territory, . . .481
Navigation, ..... 482
Ne Exeat, Writs of, . . .530
Pedlers, . . . . . 532
Penal Code, . . . . .539
Penitentiary, . . . . . 659
Pilotage and Pilots, .... 677
Port- Wardens, . . •. . 681
Private Acts, ..... 682
Rents, . . . . . . 737
Representation, .... 745
Roads and Bridges, . . . 747
Slaves and Free People of Colour, 797
Societies and Companies, . . . 822
Stages, . ., . . . 861
Tax, . 870
Taxes Extra, . . . » . 894
Towns, ...... 936
University, . . . . . 1055
Vendue Masters, ■#. . . 1066
Weighing, with Scales and Steelyards, 1076
Wharfage and Shipping, . 1078
*
I
-■*■■?*
LAWS
OF THE
STATE OF GEORGIA.
ACADEMIES.
AN ACT 1811.
To make valid certain papers now in the possession of the Trustees of^Union No. l.
Academy, in the County of Putnam.
\w HERE AS, the Trustees of Union Academy have in their possession certain papers, Preamble
which they suppose to be, and did have executed for, mortgages, but on mature examina-
tion found that those mortgages had no seal affixed or subscribed thereto, which mort-
gages were given to secure the payment of certain debts due said academy, and in con-
sequence of which, said academy will be seriously injured, unless a law be passed for
relief of the said trustees of the academy aforesaid :
BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and by the authority of the same, That all such instruments as Certain mort-
above described, shall be held, deemed, and taken as valid and binding in law, and alto- b/the trus-
gether adequate to the attainment of the end proposed ; any law, usage, custom or prac- Academy," 1 in
tice to the contrary, notwithstanding. > Putnam couiv
ty, legalized.
ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Executive Department, Georgia.
Assented to, 4th December, 1811.
D-. B. MITCHELL, Governor.
* See act of 1816, No. 10 ; by the 6th section of which all the property, funds, &c. of Union Academy, are
transferred to the use of Eatonton Academy.
B
ACADEMIES. 1811.
No, 2.
AN ACT
Granting to the Commissioners of the Sunbury Academy, for the use of that Semi-
nary, 166| acres of land.
BE it enacted by the Senate and House of Representatives, in General Assembly met,
One third of a and by the authority of the same, That one third of a tract of land adjoining Sunbury,
of land, grant an d known by the name of the Distillery tract, confiscated as the estate of Roger Kell-
ed to the com- ga rj^ an( j now t y ie p r0 p er ty of the State, be, and the same is hereby given, granted and
Sunbury Aca- conveyed to the commissioners of the Sunburv Academy, for the sole use and benefit of
demy.
that institution.
ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 4th December, 1811
D. B. MITCHELL, Governor.
No. 3.
AN ACT*
To authorize the Commissioners of the Town and Academy of Waynesborough, in
Burke County, to dispose of certain lands belonging to said institution, adjoining
the town commons.
BE it enacted by the Senate and House of Representatives of the State of Georgia, in
The commis- General Assembly met, and by the authority of the same, That the commissioners of the
Academy of Academy of Waynesborough, in the county of Burke, or their successors in office, or a
rough author- ma J or ity °f them, are hereby fully authorized and empowered to sell, or otherwise dispose
.ized to sell a Q f, to, and for the use and benefit of said academv, two hundred acres of the lands ad-
tract of land . . . ' . . ... .
for the use joining the said town ; and the said commissioners, in the sales or other disposition of
thereof
* See the act following this, authorizing- the sale of other lands for the use of said academy.
ACADEMIES. 1812,1814.
the said lands, shall do the same on the most effectual security, and on such terms and
conditions, as may be most conducive to the interest and prosperity of the aforesaid in-
stitution.
Assented to, 7th December, 1812.
BENJAMIN WHITAKER,
Speaker of the House of Representatives
WILLIAM RABUN,
President of the Senate.
D, B. MITCHELL, Governor.
AN ACT
No. 4.
To authorize the Inferior Court of the County of Burke, to sell the Glebe land of
the said county, and for other purposes.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the Inferior Court of the county of Burke be, and they are hereby authorized and inferior Court
empowered to sell and dispose of the Glebe lands of the said county, for the benefit of county au _
the Waynesborough Academy, upon such terms as, in the opinion of the Inferior Court, thowzedtodis-
will best promote the interest of the said academy ; — and the money arising from the Glebe lands of
said sale, to be by the said Inferior Court, paid over to the trustees or commissioners for the benefit
c ' j j of Waynesbo-
of said academy. rough Acade-
my.
Money to be
Sect. 2. And be it further enacted by the authority aforesaid, That the commissioners paid to the
trustees.
or trustees of the Waynesborough Academy be, and they are hereby authorized to sell said trustees
and dispose of a tract of land in Camden county, containing four hundred acres, con- g^iT* certain
veyed to the said commissioners by the commissioners of confiscated propertv, and the tract of land in
r r j i Camden coun-
money arising from said sale, to be applied to the use of said academy. ty.
Assented to, 23d November, 1814.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
JARED IRWIN,
President of the Senate, pro tern,
PETER EARLY, Governor.
B 2
t
ACADEMIES. 1815.
No. 5.
AN ACT
To incorporate an Academy in the Village of Powelton in Hancock county.
Preamble. WHEREAS, the citizens of Powelton and its vicinity have, by voluntary subscrip-
tions and contributions, established a fund for the purpose of erecting and supporting an
academy, for the education of youth of both sexes :
Trustees of
Powelton
Academy no-
minated and
incorporated.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the' authority of the same, That
William Rabun, Nicholas Guilders, Thomas Cooper, Sampson Duggar, Archibald R. S.
Hunter, James Crowder, Reuben T. Battle, John Veazy, and Stephen Weston be, and
they are hereby appointed trustees of the academy to be established in the village of
Powelton, and they and their successors in office shall be, and they are hereby declared
to be, a body corporate, by the name and style of the Trustees of the Powelton Academy
in Hancock county.
Their powers
and privi-
leges.
Proviso,
Sect. 2. And be it further enacted by the authority aforesaid, That the trustees afore-
said, and their successors in office, or a majority of them, are hereby authorized to make
such bye-laws, rules and regulations, as they may deem necessary and proper for the go-
vernment of said institution : Provided, such bye-laws are not repugnant to the consti-
tutional laws ; and they shall be invested with all manner of property, both real and per-
sonal, all donations, gifts, grants, privileges, and immunities, which may belong to, or
be hereafter made or conveyed to them, or their successors in office, to have and' to hold
the same for the proper use, benefit and behoof of said academy, subject to such altera-
tions or amendments as a majority of said trustees may from time to time ordain and
establish.
May sue and
be sued, &c.
Sect. 3. And be it further enacted by the authority aforesaid, That the trustees above
mentioned and their successors in office, shall be, and they are hereby made capable of
suing and being sued, impleading and being impleaded, and of using all necessary and
lawful measures for recovering or defending any property, debts or demands, which they
may claim in behalf of said institution, and also of recovering the rents, issues, and pro-
fits of the same, or any part thereof.
Their continu-
ance in office.
Sect. 4. And be it further enacted by the authority aforesaid, That the trustees herein
named shall continue in office, until the third Saturday in July next, and until their sue-
ACADEMIES. 1815.
cessors are elected, at which time the subscribers to said institution shall meet and elect Time and
.'■■'.' i«ti manner of
trustees, agreeable to the articles of association formed and entered into by them at the electing- trus-
tees.
first commencement of said institution.
Assented to, 23d November, 1815.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
D. B. MITCHELL, Governor.
AN ACT*
To authorize the Trustees of the Richmond Academy to establish a Seminary of
Learning on the Sand-Hills near Augusta, to be held and considered as a branch
of the Richmond Academy.
No. 6.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That A branch of
it shall and may be lawful for the trustees of the Richmond Academy, or a majority of Academy may
them, to establish a seminary of learning on the Sand-Hills near Augusta, to be held auheSnd" 1
and considered as a branch of the Richmond Academy, and to be governed by such rules Hills -
and regulations as govern the said institution.
Assented to, 8th December, 1815,
BENJAMIN WHITAKER,
■Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
D. B. MITCHELL, Governor.
* See act of 1816, No. 14, authorizing said trustees to lay off and sell a range of lots in Augusta, &c— also act
of 1817, No. 15, confirming said sales and authorizing- others, &c— also act of 1819, No. 28, authorizing- the
trustees of said academy to use a common seal.
ACADEMIES. 1815.
No. 7.
AN ACT
To establish an Academy in the town of Monticello, by the name of the Monticello
Academy in Jasper County. •
Trustees of
Monticello
Academy no-
minated and
incorporated.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and by the authority of the same, That Peter W. Gautier,
John Moore, Milton Antony, Charles Cargill, Spencer Crane, and Luris C. Holland
are appointed, and they and their successors in office shall be, and they are hereby de-
clared to be, a body corporate, by the name and title of the Monticello Academy in
Jasper county, with the privilege of having and using a common seal.
May make Sect. 2. And be it further enacted by the authority aforesaid, That the aforesaid trus-
and be invest- tees an d their successors in office, or a majority of them, are hereby authorized to make
ed with pro- sucn bye-laws and regulations as are or may be necessary for the government of said
academy ; and they shall be invested with all manner of property, both real and personal,
all donations, gifts, grants, privileges and immunities whatsoever, which may belong to
said institution by virtue of this act, or any heretofore made, conveyed or transferred to
them or their successors in office, to have and to hold the same for the proper benefit
Proviso, and behoof of said academy : Provided, such bye-laws and regulations aforesaid, be not
repugnant to the constitution and laws of this state, or of the United States.
May sue and
be sued, &c.
Sect. 3. And be it further enacted by the authority aforesaid, That the trustees afore-
said and their successors in office, shall be, and they are hereby declared to be, able and
capable in law to sue and be sued, plead and be impleaded, in any court of law or equity
in this state, and of using all lawful and necessary means for recovering or defending any
property, debt, or demand, which they claim or demand in right of said institution ; and
also of recovering the rents, issues and profits of the same, or any part or parcel thereof.
Vacancies,
how filled.
Sect. 4. And be it further enacted by the authority aforesaid, That should any vacan-
cy happen by death, removal, or resignation of any of the trustees of the Monticello
Academy hereby established, it shall be filled in such a manner as a majority of the sur-
vivors shall point out, in their regulations, at their first meeting after the passing of this
act, or at any time thereafter : Provided the same shall not exceed three months.
A treasurer Sect. 5. And be it further enacted by the authority aforesaid. That the said trustees
may be ap- J J \ J J
pointed, who shall have power, whenever they deem it necessary, to appoint a treasurer, who shall
ACADEMIES. 1815.
give bond with approved security, payable to the Governor or his successors in office, shall give
f r bond and se-
in the sum of five thousand dollars, for the faithful performance of the duties of said curity.
office.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate,
Assented to, 14th December, 1815.
D. B. MITCHELL, Governor.
AN ACT* No. 8
To incorporate the Commissioners of the Morgan Academy, by the name and style
of the Trustees of Madison Academy.
WHEREAS, it comports with the true genius and spirit of our happy form of go- Preamble,
vernment to encourage all institutions tending to the diffusion of useful knowledge
among our citizens :
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That from and after the passage of this act, the Morgan County Academy shall
be known and called the Madison Academy ; and that Adam G. Saffold, Bedney Frank- Trustees of
Mtidison _A f*3.<»
lin, John Wingfield, Warren Jordan, and James Mitchell, and their successors in office, d e my nomina-
be, and they are hereby declared to be, a body politic and corporate, Hy the name and * n \ incor '
style of the Trustees of the Madison Academy, and as such body politic shall be capa-
ble of suing and being sued, and shall be capable of doing all other acts which may be
necessary to the execution of the trust confided to them ; and for that purpose may have
and use a common seal, appoint such officers as they may think proper, and remove the
same for any malfeasance or neglect of duty.
Sect. 2. And be it further enacted, That the said trustees shall be capable of accept- Capable of ae
ing all bequests, gifts and donations which have been or may be hereafter bestowed quests^&c. "
upon them, and shall hold the same according to the trusts and conditions contained in
such donation or bequest.
* See act of 1819, No. 29, appropriating the fines and forfeitures arisingfrom criminal prosecutions in Morgan,
Greene, and Wilkes, to the use of the academies thereof,
8
ACADEMIES. 1815.
Vacancies Sect. 3. And be it further enacted, That all vacancies which may happen in the
board of trustees shall be filled by the General Assembly of this state, and it shall be
the duty of the said board, yearly and every year, to lay a correct account of their re-
ceipts and expenditures of the preceding year, before the grand jury of Morgan county :
Provided nevertheless, That nothing herein contained shall be construed to impair the
powers of the board of trustees of the University of Georgia, or of -the Senatus Acade-
micus, or of the board of visitors, granted them by the several acts regulating the Uni-
A r ersity of Georgia.
Proviso
Assented to, 16th December, 1815.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
D. B. MITCHELL Go
vernor
No. 9.
Preamble.
AN ACT
• To appoint Trustees for Twiggs County Academy, and to incorporate the same,
and for other purposes.
WHEREAS, by the promotion of literary information, it is believed that the public
is benefitted, and as it comports with the genius of our government to promote and en-
courage all literary institutions, and as some private subscriptions have been raised by
the citizens of Twiggs county for the purpose of effecting the foregoing object:
Trustees of
Marion Aca-
demy nomina-
ted and incor-
porated.
Their cor-
porate pow-
ers.
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of
the same, That Archibald MTntyre, Moses Fort, Samuel Dick, Dr. Robert Cummins,
and William Crocker, and their successors in office, be and are hereby appointed trus-
tees of the academy of Twiggs county, to be known by the name and style of the Ma-
rion Academy, and the said trustees be a body politic and corporate, by the name and
style of the Trustees of the Marion Academy, and as such shall be capable of suing
and being sued, and shall be capable of doing all other acts, that shall or may be neces-
sary to the executing the trusts reposed in them, or a majority of them, and for that
purpose may have and use a common seal, and the same alter at pleasure, and appoint
such officers as they may think proper, for the purpose of carrying into effect the object
of said institution, and remove the same, or any of them, for malpractice or neglect of
duty.
ACADEMIES. 1816.
Sect. 2. And be it further enacted by the authority aforesaid, That the said trustees, Capable of ac-
ccDtinsr be-
or a majority of them, shall be capable of accepting all bequests, gifts and donations, quests, &c.
which have been or may be hereafter bestowed upon them as trustees ; and shall hold
the same according to the trusts and conditions contained in such donation or bequest,
and collect the same, either by suit or otherwise.
Sect. 3. And be it further enacted by the authority aforesaid, That the said trustees, And receiv-
er their agent or agents, shall be, and are hereby authorized, to receive any donation or
donations which have been made, or hereafter may be made, by the Legislature of this
state, for the use of said academy, or to purchase, at any sale or sales of confiscated pro- May purchase
perty of this state, the amount of one thousand pounds sterling, for said county, and f confiscated
for the use of said academy ; and the commissioners for the selling of confiscated property anv^Sethr
are hereby authorized to receive their bids to the above amount, or for any other sum of -
not exceeding said amount, and to make sufficient titles to them or their successors in
office for the same.
Sect. 4. And be it further enacted by the authority aforesaid, That all vacancies^ Vacancies
which may happen in the board of trustees, shall be filled by the General Assembly of low falled -
this state, and it shall be the duty of said board, annually to account with the inferior
court of said county for the receipts and expenditures of said institution, whose duty it
shall be to have a record made of the same : Provided nevertheless, that nothing herein Proviso,
contained shall be construed to impair the powers of the board of trustees of the Uni-
versity of Georgia, or of the Senatus Academicus, or of the board of visitors, granted
them by the several acts regulating the University of Georgia.
Sect. 5. And be it further enacted by the authority aforesaid, That all laws, resolu- Kepealing-
tions and acts, or parts thereof, militating against this act, be, and the same are hereby
repealed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 4th December, 1816.
D. B. MITCHELL, Governor.
See act of 1818, No. 21, authorizing the trustees to fill vacancies in their board.
c
10
No. 10.
ACADEMIES. 1816.
AN ACT*
To incorporate Eatonton Academy, in the County of Putnam, and to invest the
funds of Union Academy, in said County, in the Trustees of Eatonton Academy.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Trustees of That Christopher B. Strong, Thomas Hoxey, Coleman Pendleton, William Williams,
cademy nomi- John J. Smith, John C. Mason, Irby Hudson, William Wilkins, and William E.
Adams, be, and they are hereby appointed trustees of an academy to be established in
corporated.
Their style.
the town of Eatonton, and they and their successors in office shall be, and they are
hereby declared to be, a body corporate, by the name and style of " The Trustees of
Eatonton Academy," in the county of Putnam, with the privilege of having and using
a common seal.
May make
bye-laws, &c.
Proviso.
Sect. 2. And be it further enacted by the authority aforesaid, That the trustees
aforesaid, and their successors in office, or a majority of them, are hereby authorized to
make such bye-laws, rules and regulations as they may deem necessary and proper for
the government and benefit of said institution : Provided such bye-laws are not repug-
nant to the constitution and laws of this state ; and they shall be invested with all man-
May have pro- ner of property, both real and personal, all donations, gifts, grants, privileges and im-
munities, which may belong to, or be hereafter made, conveyed or transferred to them,
or their successors in office, to have and to hold the same for the proper use, benefit
and behoof of said academy, subject to such alterations or amendments as a majority
of said trustees may from time to time ordain and establish.
perty.
May sue and
be sued, &c.
Sect. 3. And be it further enacted by the authority aforesaid, That the trustees above men-
tioned, and their successors in office, shall be, and they are hereby made capable of su-
ing and being sued, impleading and being impleaded, and of using all necessary and
lawful measures, for recovering or defending any property, debts, or demands, which
they may claim in behalf of said institution, and also of recovering the rents, issues and
profits of the same, or any part thereof.
Vacancies,
how filled.
Sect. 4. And be it further enacted by the authority aforesaid, That should any vacancy
happen by the death or resignation of any of the trustees of Eatonton Academy here-
* See act of 1818, No. 531, incorporating « Eatonton Academy Library Society."
ACADEMIES. 1816.
11
by authorized and established, such vacancy shall be filled, in such manner as a ma-
jority of the survivors shall in their regulations point out.
Sect. 5. And be it further enacted by the authority aforesaid, That the said trustees, Trustees may
elect officers
or a majority of them, shall have power to elect such officers as they may think pro-
per, and remove the same for any malfeasance or neglect of duty, and the said trustees Shall annually
shall, once in every year, lay before the grand jury of Putnam county a full and correct f their funds
account of the funds of said academy. e-rancT jury
Sect. 6. And be it further enacted by the authority aforesaid, That all the property, The property
both real and personal, all debts or demands whatsoever, and all monies that now are Academy
transferred to
belonging, or in anywise appertaining to the trust of Union Academy, in the county of th
Putnam, be, and the same are hereb
and benefit of Eatonton Academy.
Putnam, be, and the same are hereby invested, transferred and confirmed to the trust, use tonton Aca
demv
Sect. 7. And be it further enacted by the authority aforesaid, That immediately after Said transfer
i*e srultit e d
the passing of this act, the trustees of Union Academy, with their treasurer, shall make
out a full and fair schedule of all the funds and property of every description, belong-
ing to their trust, and shall turn the same over, together with such schedule, to the
trustees of Eatonton Academy, who shall give a receipt for the same : Provided never- Proviso.
theless, that this act of incorporation shall be subject to any revision or alteration that
any future legislature of this state may think proper to make.
Sect. 8. And be it further enacted by the authority aforesaid, That an act passed the Repealing
fifteenth day of December, eighteen hundred and nine, to establish an academy in the
town of Eatonton, and county of Putnam, by the name of Union Academy, and to in-
corporate the same, be and the same is hereby repealed, so far as the same may militate
against the provisions of this act.
Assented to, 4th December, 1816,
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
D. B. MITCHELL, Governor,
C 2
12
ACADEMIES. 1816.
No. 11.
AN ACT*
To authorize the Commissioners of the Academy of Washington County, to dis-
pose of a certain lot in the town of Sandersmlle.
Commission-
ers of Wash-
ington County
Academy au-
thorized to
dispose of a
certain lot in
Sansdersville,
for the bene-
fit of said in-
stitution.
BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and it is hereby enacted by the authority of the same, That the
commissioners of the Academy of Washington County, their successors in office, or a
majority of them, are hereby fully empowered to sell or otherwise dispose of, to and' for
the use of said academy, a certain lot in the town of Sandersville, heretofore con-
veyed to the said commissioners by William Triplett, for the use and benefit of said
seminary, and the said commissioners, in the sale or other disposition of said lot, shall
do the same on such terms and conditions as may be most conducive to the interest and
prosperity of said institution.
Assented to, 13th December, 1816.
BENJAMIN WHITAKER,
Speaker of the House of Representatives .
WILLIAM RABUN,
President of the Senate.
D. B. MITCHELL, Governor.
No. 12.
AN ACT
Trustees of
Warrenton
Academy no-
minated and
incorporated.
Their style.
To incorporate the Trustees of Warrenton Academy in, the County of Warren.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That Samuel Lowther, Peyton Baker, Arthur Montcrief, Edward Donoho, Rufus
Broom, Archelaus Flewellen, Turner Persons, George W. Hardwick, and Dennis L.
Ryan, be, and they are hereby appointed trustees of an academy, to be setablished in
the town of Warrenton, and they and their successors in office shall be, and they are
hereby declared to be, a body corporate, by the name and style of " The Trustees of
Warrenton Academy," with the privilege of having and using a common seal.
May make
bye-laws, &c.
Sect. 2. And be it further enacted by the authority aforesaid, That the trustees afore-
said, and their successors in office, or a majority of them, are hereby authorized to make
such bye-laws, rules arid regulations, as they may deem necessary and proper for the
See act of 1819, No. 24, appointing and incorporating commissioners of said academy.
ACADEMIES. 1816.
13
government and benefit of said institution: Provided, such bye-laws, rules and regula- Proviso.
tions are not repugnant to the constitution and laws of this state ; and they shall be in- Mav holdpro-
10 J perty, &c.
vested with all manner of property, both real and personal, all donations, gifts, grants,
privileges and immunities which may belong to, or be hereafter made, conveyed or trans-
ferred to them, or their successors in office, to have and to hold the same for the proper
use, benefit and behoof of said academy, subject to such alterations or amendments as a
majority of said trustees may from time to time ordain and establish.
Sect. 3. And be it further enacted by the authority aforesaid, That the trustees May sue and
above mentioned, and their successors in office, shall be, and they are hereby made ca-
pable of suing and being sued, pleading and being impleaded, and of using all necessary
and lawful measures for recovering or defending any property, debts, or demands which
they may claim in behalf of said institution, and also of recovering the rents, issues and
profits of the same, or any part thereof.
Sect. 4. And be it further enacted by the authority aforesaid, That the trustees Their con-
herein named shall continue in office until the first Tuesday in July next, and until office,
their successors are elected, at which time, and on the first Tuesday in July in every Trustees how
second year thereafter, the subscribers to said institution shall meet and elect nine per- elected,
sons as trustees for said institution, and the persons having a majority of the votes of
the subscribers then present shall be the trustees as aforesaid; and should any vacancy
happen by* death, resignation or otherwise, of any of the trustees of Warrenton Aca-
demy, hereby authorized and established, such vacancy shall Jpe filled by a majority of Vacancies,
, i - rr how filled,
the trustees then in office.
Sect. 5. And be it further enacted by the authority aforesaid. That the said trustees, Trustees may
. . r , . elect and re-
or a majority of them, shall have power to elect such officers as they may think proper, move officers.
and remove the same for any malfeasance or neglect of duty.
Sect. 6. And be it further enacted by the authority aforesaid, That this act of incor- This act sub
>ration shall be subject to any
state may think proper to make.
icct to rcvi-
poration shall be subject to any revision or alteration that any future legislature of this sion, &c by
any future le-
gislature.
Assented to, 18th December, 1816,
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate,
D. B. MITCHELL, Governor.
14
ACADEMIES. 1816.
No. 13.
AN ACT
To authorize the Commissioners of Baldwin County Academy to sell and convey
six lots in the town of Milledgeville, for the benefit of said Academy.
BE it enacted by the Senate and House of Representatives of the state of Georgia, in
Commission- General Assembly met. and it is hereby enacted by the authority of the same. That from
ersof Bald- . . . ..
win Academy and after the passing of this act, it shall and may be lawful for the commissioners of
sell six lots in tne Baldwin Academy, or their successors in office, to sell, dispose of and convey,
for the b (after giving sixty days notice,) six one acre lots in the town of Milledgeville, out of
fit of said in- the number of those not heretofore disposed of, for the benefit of the academy afore-
stitution.
said.
BENJAMIN WHITAKER,
Speaker of the House of Rrepresentatives ,
WILLIAM RABUN,
President of the Senate.
Assented to, 18th December, 1816.
D. B. MITCHELL, Governor.
No. 14.
AN ACT*
To authorize the Trustees of Richmond Academy, or their successors in office, to lay
off a range of Lots, on Walker street in the city of Augusta, and to sell, dispose
of and convey the same, and to appropriate the money arising from the sale of
said lots.
Trustees of
Richmond
Academy au-
thorized to lay
off and sell a
range of lots
in Augusta,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act, it shall and may be lawful for the trustees
of the Richmond Academy, or their successors in office, and the said trustees shall be,
and they are hereby authorized to lay off a range of lots, of any size they may deem ex-
pedient, on the south side of Walker street, in the city of Augusta, along the whole
extent of said street, and the same to sell and convey, under such terms as to them shall
seem most conducive to the welfare of said city, and the benefit of the said Richmond
Academy.
* See the act following this.
ACADEMIES. 1816.
15
Sect. 2. And be it further enacted by the authority aforesaid, That the said trus- Empowered
. to lay off into
tees of Richmond Academy shall be, and they are hereby authorized and empowered to lots, all the
lay off into lots, of any size or dimension they may think proper, all that unimproved ground lying
ground lying between Telfair and Walker streets, in the said city of Augusta, which between Tel*
has not heretofore been disposed of; and the same to sell and convey, or dispose of, ker streets.
under such terms and restrictions as to them shall seem most conducive to the welfare
and improvement of the said city of Augusta.
Sect. 3. And be it further enacted by the authority aforesaid, That the trustees of Authorized to
the Richmond Academy be, and they are hereby authorized, after the expiration of the ^Augusta to
present leases of the town common of Augusta, to lay off a street on the south of the ^f call ^dWat-
range of lots authorized to be laid off by the first section of this act, of the width of one
hundred feet, (or such other width as the said trustees shall think proper,) which street
shall run parallel with Walker street, and of the same length, which shall be called and
known by the name Watkins street.
Sect. 4. And be it further enacted by the authority aforesaid, That the monies aris- Monies aris-
ing from sales authorized by this act, shall be, and the same are hereby declared to be, a safes™™ be-
part of the funds of the said Richmond Academy, and to be appropriated in such man- ?S m f P? rt {?
ner as the trustees of the said academy, or their successors in office, shall deem most sa *d academy,
conducive to the welfare of said institution.
Sect. 5. And be it further enacted by the authority aforesaid, That all acts and parts Repealing
of acts, militating against this act, be, and the same are hereby repealed.
Assented to, 19th December, 1816,
BENJAMIN WHITAKER,
Speaker of the House of Representatives .
WILLIAM RABUN.
President of the Senate.
D. B. MITCHELL, Governor,
16 ACADEMIES. 1817.
No. 15. AN ACT
Tc confirm the sales lately made by the Trustees of the Richmond Academy* of a
range of Lots, south of Walker street in the city of Augusta, and to narrow and
define the width of said Walker street, and to continue the said street eighty feet
wide, and sell the remainder of the lots on said street.
Preamble. WHEREAS, the trustees of the Richmond Academy were, by an act of the General
Assembly of this state, passed on the nineteenth day of December, 1816, authorized to
lay off a range of lots of any size they might deem expedient, on the south side of Wal-
ker street, along the whole extent of said street, and the same to sell and convey, under
such terms as to them should seem most conducive to the welfare of said city, and the
benefit of the said Richmond Academy :
And Whereas the said trustees, in laying off the said range of lots, deemed it most
conducive to the welfare of the said city and of the said academy, to narrow Walker
street to the width of eighty feet, and to include the surplus of said street in the lots so
by them laid off, and did, on the twenty-second day of April last, expose a part of the
said lots so laid off to public sale ; And the said trustees having petitioned the honour-
able the General Assembly to confirm the sales so by them made as aforesaid:
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
Sales of lotsin same, That the sales of lots south of, and including a part of Walker street, in the city
Augusta made Q £ Augusta, made by the trustees of the Richmond Academy, on the twenty-second day
tees of Rich- f April, 1817, be, and the same are hereby legalized and confirmed ; and the said trus-
mond Acade- r - .
my confirmed, tees of the Richmond Academy, and their successors in office, are hereby authorized
Conveyances and empowered to convey the said lots to the respective purchasers, in as full and am-
ple a manner as if there had been no part of the said street included therein.
Width of Wal- Sect. 2. And be it further enacted by the authority aforesaid, That the width of
Au 1 * * rtadi? Walker street, in the said city of Augusta, shall hereafter be only eighty feet, as lately
fined. altered and arranged by the trustees of the Richmond Academy, any law to the con-
trary notwithstanding.
Said trustees Sect. 3. And be it further enacted by the authority aforesaid, That the trustees of
layoff and sell the Richmond Academy and their successors in office, be, and they hereby are au-
certain other t h or i ze d to lav off, sell and convey any other lots south of Walker street, upon a range
lots in Augus- j j j «
ta. w i tn those heretofore sold, including a part of said street, so as to keep the same uni-
form, and of the width of eighty feet, as provided in the second section of this act.
ACADEMIES. 1817.
17
Sect. 4. And be it further enacted by the authority aforesaid, That all acts and parts Repealing
of acts, repugnant to this act, be and the same are hereby repealed.
Assented to, 3d December, 1817.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
WILLIAM RABUN, Governor.
AN ACT
No. 16.
To authorize the Trustees of the Meson Academy, in the county of Oglethorpe, to
Jill such vacancies as may hereafter occur in said board of Trustees.
BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and it is hereby enacted by the authority of the same, That from
and after the passage of this act, the Trustees of the Meson Academy, in the county Trustees of
IVlcson \crc1c*
of Oglethorpe, shall be authorized to fill such vacancy or vacancies, that may hereafter my authoriz-
occur in said board of trustees, by the appointment of such person or persons as they c anc ° es i^ a "
may think proper, any law to the contrary notwithstanding. ^^ board.
Assented to, 18th December, 1817.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
WILLIAM RABUN, Governor.
D
18
ACADEMIES. 1817.
No. 17.
AN ACT
To authorize the trustees of Elbert County Academy, to raise by lottery, a certain
sum of money, to aid in building said Academy, and to appoint managers of
said lottery, and make permanent the site of said Academy.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same it is hereby enacted.
That the trustees of the Elbert County Academy, be, and they are hereby autho-
rized and empowered, to raise by lottery the sum of three thousand dollars, to aid
n ^y lotte- * n biding and establishing an academy in or near the town of Elberton, in Elbert
Trustees of
Elbert county
Academy au<-
raise by
ry $3000.
county.
Managers of Sect. 2. And be it further enacted by the authority aforesaid, That John A.
pointed 61 ^ aP " Heard, William Woods, Edward Sims, Gains Thompson and Thomas Jones, be, and
they are hereby appointed managers of said lottery, with authority to make such ar-
rangements, and adopt such plan as they may think best calculated to attain the object
of said lottery.
Drawing of Sect. 3. And be it further enacted by the authority aforesaid, That the aforesaid
managers shall, within three years from the passage of this act, complete the draw-
ing of said lottery, and pay over to the trustees of said academy the amount so raised
Money raised, by lottery, which said sum shall, by said trustees, be applied to the building and esta-
ow app ie . bijghing an academy, to be called the Elberton Academy, in or near the town afore-
said ; and that the site of said academy be in or within one mile of said town^ and the
same is hereby made permanent.
fl
\ssented to, 19th December, 1817.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
WILLIAM RABUN, Governor.
*■
ACADEMIES. 1817.
19
AN ACT
No. 18,
To alter the manner of appointing the Commissioners of the Academies of Glynn
and M c Intosh Counties.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That in future the commissioners of the Academy of the county of Glynn shall be
elected by the persons entitled to vote for members of the General Assembly, and
be superintended by one magistrate and two freeholders of the county, and the persons
having the highest number of votes shall be duly elected ; and they shall hold their ap-
pointments for the term of four years, and until their successors are appointed.
Sect. 2. And be it further enacted, That the first election shall take place at the
court-house of Glynn, on the first Monday in January next, and on the first Monday in
January every fourth year thereafter : And in case of vacancy by death, resignation, re-
moval from the county or otherwise, the commissioners then in office shall advertise an
election to fill such vacancy, giving at least twenty days notice, which election shall be
conducted in the manner pointed out in the first section of this act.
Commission-
ers of Glynn
county Aca-
demy to be
elected by the
voters for
members of
the legisla-
ture.
Continuance
n office.
Time of elec-
tion.
Vacancies how
filled.
Sect. 3. And be it further enacted, That all vacancies now existing, or which mav vacancies
J °' ; among the
hereafter exist, in the commissioners of the Academy of M c Intosh county, shall be filled commissioners
!•■-• i-ri.^ , a n ofM'Intosh
by joint resolution ot the General Assembly. Academy,how
filled.
Sect. 4. And be.it further enacted, That all laws or parts of laws, militating against Repealing
cIriisc
this act, be, and the same are hereby repealed.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
Assented to, 20th December, 1817.
•
WILLIAM RABUN, Governor
D 2
20
ACADEMIES. 1818.
No. 19.
AN ACT
To appoint Trustees for the Jackson County Academy, and to incorporate the
same.
Trustees of
Jackson coun-
ty Academy
appointed
and incorpo-
rated.
Corporate
powers.
May accept
bequests, &c.
Vacancies,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted, That Thomas Huson,
Edward Adams, Dr. Willis Pope, David Witt, and Hugh Montgomery, and their
successors in office, be, and they are hereby declared to be, a body politic and corporate,
by the name and style of the Trustees of the Jackson County Academy, and as such
body politic, shall be capable of suing and being sued, and of doing all other acts which
may be necessary to the execution of the trust confided to them, and for that purpose
may have and use a common seal, appoint such officers as they may think proper, and
remove the same at pleasure.
Sect. 2. And be it farther enacted, That the said trustees shall be capable of ac-
cepting all bequests, gifts and donations, which have been or may be hereafter bestowed
upon them, and shall hold the same according to the conditions contained in said dona-
tion or bequest, and for collecting and laying out or disposing any monies or debts due,
or that may become due the said institution, either for tuition or otherwise, and also to
fill all vacancies that may happen in their own body.
Assented to, 20th November, 1818.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
WILLIAM RABUN, Governor,
ACADEMIES. 1818.
. . ' ■■.
21
AN ACT No. 20.
To incorporate Sardis Academy, in Jasper County.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
from and immediately after the passage of this act, the Academy in Jasper county, now
known by the name of Sardis Academy, shall be known and called by that name, and
that Lawson S. Holland, James Richards, John Collier, Moses Smith, Richard M. Sis- Trustees of
. m ii Sardis Acade-
son, John Moore and Asa Ragan, and their successors in office, be, and they are .hereby m y i n jasper
declared to be, a body politic and corporate, by the name and style of the Trustees of po l rate d. r
Sardis Academy, and as such shall be capable and liable in law to sue and be sued, Their style
and corporate
plead and be impleaded, and shall be authorized to make such bye-laws and regulations powers.
as may be necessary for the government of said academy : Provided, such bye-laws are Proviso.
not repugnant to the constitution and laws of this state, and for that purpose, may have
and use a common seal, appoint such officers as they may think proper, and remove the
same from office for improper conduct, or neglect of duty.
Sect. 2. And be it further enacted by the authority aforesaid, That the said trustees Capable of
shall be capable of accepting and being invested with all manner of property, real and p e rty,*&c.
personal, all donations, gifts, grants, privileges, and immunities whatsoever, which may
belong to said institution, or which may hereafter be conveyed or transferred to them,
or their successors in office, to have and to hold the same for the proper benefit and be-
hoof of said academy.
Sect. 3. And be it further enacted by the authority aforesaid, That when any vacancy Vacancies,
may happen, by death, resignation, or otherwise, of any of the trustees of Sardis Acade-
my, the survivors or remaining trustees shall fill the same, in such manner as shall be
pointed out by the bye-laws and regulations of the trustees aforesajd.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
Assented to, 24th November, 1818,
WILLIAM RABUN, Governor.
22
ACADEMIES. 1818.
No. 21.
AN ACT
Vacancies in
the board of
trustees of
Marion Aca
demy, how
filled.
To authorize the Trustees of the Marion Academy, in Twiggs County, to Jill such
vacancies as may have heretofore, or hereafter may happen in the Board of Trus-
tees of the said Academy.
BE it enacted by the Senate and House of Representatives of the state of Georgia, in Ge-
neral Assembly viet, and it is hereby enacted by the authority of the same, That from and
after the passing of this act, the trustees of the Marion Academy, in the county of
Twiggs, shall be authorized to fill all vacancies which may have or hereafter may happen
in the board of trustees of said academy, by the appointment of such person or persons
as they may think proper, any law to the contrary notwithstanding.
Assented to, 8th December, 1818.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
WILLIAM RABUN, Governor.
No. 22.
AN ACT
To incorporate the Sparta Academy in Hancock County.
Sect. 1. BE it enacted by the. Senate and House of Representatives of the state of Geor-
, gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
Trustees of William G. Springer, John Lucas, Nicholas Childers, Charles E. Haynes, and Thomas
my nominated Haynes, and their successors in office, shall be, and they are hereby declared to be, a body
rated 0001 P ° corporate, by the name and style of the Trustees of the Sparta Academy in Hancock
County, and the said trustees are hereby authorized to have and use a common seal, and
the same to break, alter and renew at pleasure, and they are hereby declared to be able
and capable in law of suing and being sued, pleading and being impleaded, and to have,
hold and enjoy real and personal property, for the use, purpose and benefit of said aca-
demy.
Their corpo-
rate powers.
May fill va-
cancies.
Sect. 2. And be it further enacted, That the said trustees, and their successors in of-
fice, shall have power to fill all vacancies, which may happen in their board, from time
ACADEMIES. 1818.
23
to time, by death, resignation or otherwise, and that three of the aforesaid trustees, shall Three a com-
. r • petent board,
be sufficient to form a board for the transaction of the business of said academy.
Assented to, 17th December, 1818.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives
MATTHEW TALBOT,
President of the Senate.
WILLIAM RABUN, Governor.
AN ACT
No. 23.
To incorporate Hillsborough Academy, in Jasper County.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and by the authority of the same it is hereby enacted, That Hillsborough
from and after the passage of this act, the Academy in Jasper county, at Hillsborough, cor p ora t e d.
shall be known and called by the name of Hillsborough Academy, and that George Trustees.
Alexander, Archibald Standiford, John Hill, Francis B. Smartt and Robert E. Richard-
son, and their successors in office, be, and they are hereby declared to be, a body politic
and corporate, by the name and style of the T«Btees of Hillsborough Academy ; and as
such shall be capable and liable in law to sue and be sued, plead and be impleaded, and Corporate
shall be authorized to make such bye-laws and regulations, as may be necessary to carry
into effect and execution the trust confided in them : Provided, such bye-laws and regu- Proviso,
lations be not repugnant to the constitution and laws of this state, and for that purpose
may have and use a common seal, appoint such officers as they may think necessary, and
remove the same from office, for improper conduct or neglect of duty.
Sect. 2. And be it further enacted by the authority aforesaid, That the said trustees May hold real
shall be capable and authorized to accept of and be invested with all manner of property, prop^rty 01 &c
real or personal, all donations, gifts, grants, privileges and immunities whatsoever, which
may now belong to said institution, or which may hereafter be conveyed or transferred
to them or their successors in office, to have and to hold the same, for the proper use,
benefit and behoof of the said academy.
24
ACADEMIES. 1818.
Vacancies. Sect. 3. And be it further enacted by the aforesaid authority, That when any vacancy
may happen, by death, resignation, or otherwise, of any of the trustees aforesaid, it shall
be filled in such manner as the trustees may by their bye-laws prescribe.
Assented to, 17th December, 1818.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
♦
WILLIAM RABUN, Governor.
No. 24.
AN ACT
To appoint Commissioners for the Washington County Academy, and to make
the same a body corporate.
Commission- -
ers of Wash-
ington County
Academy ap-
pointed and
incorporated.
Corporate
powers.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
Benjamin Skrine, Henry Crowell, Tilman Dixon, Morgan Brown, Frederick Cullens,
John Irwin, James Kendrick, Nathaniel G. Rutherford, and John Williams, be appointed
commissioners of Washington County Academy, and that they, or their successors in
office, be declared a body corporate, to Be known by the style and denomination of the
Commissioners of the Academy of Washington County, and they shall have full power
and authority, under the style and name aforesaid, to sue and be sued, plead and be im-
pleaded, in any court of law in this state, and to fill all vacancies which may happen in
their body : And they, or a majority of them, are hereby vested with all power and pri-
vileges which may be most conducive to the benefit of said institution for the promotion
of literature.
A treasurer to Sect. 2. And be it further enacted by the authority aforesaid, That the said commis-
be appointed, . . . . .
who shall give sioners, or a majority ol them, shall, as soon as convenient, at or alter their first meeting
curity 1 " ?< hereafter, appoint some fit and proper person of their own body as a treasurer, who shall
enter into bond, with good and sufficient security, in the sum of five thousand dollars, for
the faithful performance of the trust reposed in him, whose duty it shall be to collect
and take care of the funds of said institution, and pay them out in such a manner as he
may be required.
*♦
httfiitafe
ACADEMIES. 1819.
25
Sect. 3. And be it further enacted by the authority aforesaid, That the said commis- Titles to the
,. . ••i-r'iri irii ^ an ^ whereon
sioners shall, in the first instance, receive titles m tee simple for the tract or lot ol land the academy
whereon the academy shall be placed, before they shall proceed to any other contribution ^ b ° e obtained!
for or towards the building of said academy.
Sect. 4. And be it further enacted by the authority aforesaid, That all laws and parts Repealing-
of laws, heretofore passed, contrary to this law, be and the same are hereby repealed.
Assented to, 30th November, 1819.
DAVID ADAMS,
Speaker of the House of Representatives .
MATTHEW TALBOT,
President of the Senate.
JOHN CLARK, Governor,
■m
AN ACT
No. 25.
To remove the Academy in Camden County, from St. Mary's to the town of
Jefferson.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Camden coun-
the commissioners of the academy in said county, or a majority of them, should they mayberemor-
deem it expedient, be fully empowered and authorized to remove the same from St. son.
Mary's to the town of Jefferson.
Sect. 2. And be it further enacted, That such part of the funds of said academy, al-
ready invested in bank stock, be in no wise resorted to by the commissioners, but that
all expenses incurred, shall be paid out of the interest arising from said stock, and from
any other funds belonging to said academy ; and also, that two commissioners be, and
the same are hereby added to the original number, and that Daniel Tomkins and Jo-
seph Thomas be appointed those commissioners.
E
The funds of
said academy
now vested in
bank stock,
not to be re-
sorted to.
Two commis-
sioners added
to the original
board.
26
ACADEMIES. 1819.
Repealing- Sect. 3. And be it further enacted, That any law or laws heretofore enacted, so far
as they militate against this act, be, and the same are hereby repealed.
Assented to, 9th December, 1819.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
JOHN CLARK, Governor.
No. 26.
AN ACT
To incorporate the Trustees of the Ocmulgee Academy, in the County of Twiggs.
Trustees of
the Ocmulgee
Academy, in
Twiggs coun-
ty, nominated
and incorpo-
rated.
Sect. 1, BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That Benjamin Dupree, Edmund Dupree, William W. Williamson, Henry Bann, and
Robert Glenn, and their successors in office, be, and they are hereby declared to be, a
body politic and corporate, by the name and style of the Trustees of the Ocmulgee Aca-
denty, in the county of Twiggs, by which name and style they shall be capable in law of
suing and being sued, pleading and being impleaded, and they and their successors in.
office are hereby authorized to use a common seal.
Their corpo-
rate powers.
Sect. 2. And be it further enacted by the authority aforesaid, That the trustees above
named, and their successors in office, or a majority of them, shall be, and they are hereby
•authorized to make such bye-laws and regulations as are necessary to the government
of an academy : Provided, such bye-laws and regulations are not repugnant to the con-
stitution and laws of this state ; and that they shall be invested with all manner of pr,o*
perty, both real and personal, all donations, gifts, grants, privileges and immunities
whatsoever, which may belong to the said institution at this time, or which may hereafter
be made, conveyed or transferred to them, or their successors in office, to have and to
hold the same for the proper use, benefit and behoof of the said academy.
Vacancies, Sect. 3. And be it further enacted by the authority aforesaid, That should any vacancy
happen by death, resignation, or otherwise, of any of the trustees of the said academy,
iMMlHHIflHH^ft
•**
ACADEMIES. 1819.
27
the survivors or remaining trustees shall fill the same, in such manner as shall be pointed
out by the bye-laws of said institution.
Assented to, 9th December, 1819.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
JOHN CLARK, Governor.
AN ACT
No. 27.
To incorporate the Trustees of the Laurens County Academy.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
John Fullwood, John G. Underwood, Jacob Robinson, John Guyton, Amos Love, Trustees of
Laurei) s Coun-
Lunsford C. Pitts, and George W. Welch, and their successors in office, shall be, and ty Academy
they are hereby declared to be, a body corporate, by the name and style of the Trustees incorporated.
of the Laurens County Academy ; and the said trustees, and their successors in office,
are hereby declared to be ■ able and capable in law of suing and being sued, pleading
and being impleaded, and to have, hold, and enjoy real and personal property, for
the use, purpose and benefit of said academy.
Sect. 2. And be it further enacted by the authority aforesaid, That the said trustees, May hold pro-
and their successors in office, shall be capable of accepting, and be invested with all man-
rter of property, real and personal, all donations, gifts, grants, privileges and immunities
whatsoever, which may now belong to said academy, or which may hereafter be be-
queathed, given, conveyed or transferred to them, for the use and benefit of said aca-
demy.
Sect. 3.. And be it further enacted by the authority aforesaid, That the said trustees, May appoint
... and remove of-
and their successors in office, shall have power and authority to appoint such officers, as ficers,
they, or a majority of them, may think proper, and remove the same from office for im-
proper conduct or neglect of duty, and that the said trustees, and their successors, shall Fill vacancies.
have power to fill all vacancies that may happen in the board from time to time, by
death, resignation or otherwise, and to make such laws and regulations for the govern- Make bye-
laws, Sec.
E 2
28
ACADEMIES. 1819.
ment and management of said institution, (not contrary to the laws and constitution of
this state,) as they, or a majority of them, may deem proper.
Repealing-
clause.
Sect. 4. And be it further enacted by the authority aforesaid, That alt laws and parts
of laws, militating against this act, be, and the same are hereby repealed.
Assented to, 14th December, 1819.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
JOHN CLARK, Governor.
No. 28.
AN ACT
Amendatory of an Act, entitled an Act for the more full and complete establish-
ment of a Public Seat of Learning in this State.
Preamble. WHEREAS it is considered that it will be more conducive to the interest of the
Richmond Academy, that the trustees of that institution should be allowed to use a
common seal, when acting in their corporate capacity :
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
Trustees of state of Georgia, in General Assembly met, That from and after the passing of this act, it
Acldem^au. shall and may be lawful that Nicholas Ware, Freeman Walker, Anderson Watkins,
thorizedtouse Walter Leigh, L. C. Cantelow, Rober R. Reid, George Allen, A. Cunningham, and
a common seal. & ?
Edward F. Campbell, trustees of the Academy of Richmond County, and their succes-
sors in office, shall be, and they are hereby authorized and empowered to have and use
a common seal, whenever acting as a corporate body.
Acts hitherto Sect. 2. And be it further enacted, That all acts heretofore done by the aforesaid
done without a trustees anc i their predecessors in office, without using a common seal, which would have
-s-Lk.-a*
ACADEMIES. 1819. 29
—
been considered legal and binding under the sanction of a common seal, shall be, and
they are hereby declared as virtual and efficacious as though they had been executed
under a common seal.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 21st December, 1819.
JOHN CLARK, Governor.
AN ACT No§ 2 9.
Appropriating the fines and forfeitures arising from criminal prosecutions in the
Counties of Morgan, Greene, and Wilkes, to the use and benefit of the Acade-
mies of said Counties.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That from and after the passage of this act, that all fines and forfeitures, arising Certain fines
r . i • • i • t r i <- • anc * forfeitures
trom prosecutions on the criminal side ol the courts ol said counties, and also all other vested in the
forfeitures arising from violations of the penal statutes of this state, within said counties, demies of *"
be and the same are hereby vested in the commissioners of the academies at the court- M o r ga n »<Green
houses in said counties, and directed to be paid over accordingly, to be applied to the counties-,
use and benefit of said academies : Provided, that from said fines and forfeitures be re-
tained all costs arising in the prosecution and collection thereof.
Sect. 2. And be it further enacted by the authority aforesaid, That all laws, militating Repealing
against this act, be and the same are hereby repealed. '
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 21st December, 1819.
JOHN CLARK, Governor.
clause.
[ 30 ]
ACTIONS, LIMITATIONS OF. 1813.
No. 30.
AN ACT
To amend an Act, entitled "An Act for the limitation of Actions, and for avoiding
Suits at Law"
preamble. WHEREAS divers persons, during the time this state was a British province, ob-
tained grants for lands within the same, and during the Revolutionary War, and at the
expiration thereof, fled from this state, and who never resided therein ; And whereas
divers persons, good citizens of this state, have r since the revolution, unknowingly sur-
veyed and obtained grants for all or a large part of many of the aforesaid old surveys,
or who have become purchasers, and have settled, cultivated and greatly improved the
same, defending and supporting this state ; and reason and justice requires that they
should not be disturbed in their possessions at this late period — for remedy whereof ;
Claimants of
lands, under
grants made
prior to the
Revolution,
who never re-
sided in the
province, or
who fled from
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That no person or persons, claiming any lands, tenements or hereditaments, by virtue of
any grant or grants, prior to the revolutionary war, and who never resided in said pro-
vince, or who fled from this state during that struggle, and who did not return to this
state within twenty-one years after the treaty of peace with Great Britain, which was in
the year seventeen hundred and eighty-three, to make entry thereon, settle and cultivate
the state, dur- the same, or any part thereof, shall, either he, she or they, or any person or persons
gle,anddidnot claiming under him, her or them, hereafter recover any such parts thereof, as may have
21 "ears after ^ een sinc ^ granted, from any person or persons, who has or have since the revolution
H^U )eace °f obtained a grant or grants, settled or cultivated the same, or any part thereof, for the
entry, &c. shall term of seven years, in peaceable possession ; nor from any person or persons claiming
any one claim- under such young title as aforesaid, where there has been an adverse possession for the
them) recover af° resa id term of seven years.
any parts
thereof, which may have been since granted from any one, who since the revolution obtained a grant, settled or cultivated the
same, &.c. for 7 years, in peaceable possession. Nor from any one claiming under such young title, where there has been 7
years adverse possession.
ACTIONS, LIMITATIONS OF. 1813.
31
Sect. 2. And be it further enacted by the authority aforesaid, That no saving or ex-
ception in any statute of limitations in this state, providing for the claims of persons re-
sident beyond seas, shall operate or be so construed as to benefit any persons whose
grants have issued prior to the Revolutionary War, and who are now subjects of the
crown of Great Britain, or other foreign nation.
Sect. 3. And be it further enacted by the authority aforesaid, That nothing in this act
contained shall affect, or be construed to affect, any lands belonging to, or that ever did
belong to, any person or persons, named in the act of confiscation and banishment or bill
of attainder, or any right which this state has to confiscated lands, or any right
which any citizen of the United States, or citizen of this state, may have to any of said
lands.
Nosavinginthe
statute of limi-
tations to ope-
rate in favour
of any persons,
* 2
whose grants,
issued prior to
1
the revolution,
and who are
now subjects
of any foreign
nation.
This act not to
affect certain
lands and
rights, herein
specified.
Assented to, 2d December, 1813.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
PETER EARLY, Governor.
AN ACT
No. 31
w
Amendatory to, and explanatory of the Statute of Limitations in this state, passed
the 1th of December, ISO 5, so far as it regards Idiots, Lunatics* and Infants.
WHEREAS many evils and inconveniences may arise from the construction given Preamble,
to the before recited act, by which the savings- and exceptions in favour of idiots, luna-
tics and infants, mentioned in said act, are totally defeated, and manifest injustice done
thereby ;
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of
the same, That from and after the passage of this act, that no court of justice in this statute of li-
state, before whom the plea of the statute of limitations may be relied on, or plead by J^nsuiedwSh
any defendant or defendants, shall be permitted to construe said acts against idiots, lu- >e S^' (] JJ'^ 1 "
OX.O5 iU-IltltlOo)
natics or infants, as heretofore construed; but said statute of limitations, when it has and infants.
w
32
ACTIONS, LIMITATIONS OF. 1817.
commenced running, shall not so operate as to defeat the interest acquired by idiots,
lunatics or infants, after its commencement, but the operation of said statute shall cease
until the disability or disabilities of such persons are removed, or from the time of the
arrival of such infant to the age of twenty-one years, any law, custom or usage to the
contrary notwithstanding.
Persons resid-
ing out of the
state, not enti-
tled to any
right, privi-
lege, or ex-
emption, not
enjoyed by ci-
tizens resident
in the state.
Sect. 2. And be it further enacted, That no proviso or part of the above recited
act, or any other part or parts of any statute of limitations, which are or heretofore
have been of force in this state, shall be so construed as to grant any privilege, right or
exemption, to any person or persons who may reside in either of the United States, or
the territories thereof, or beyond seas, or elsewhere, other than those enjoyed by the ci-
tizens resident within the limits of this state.
Assented to, 18th December, 1817.
BENJAMIN WILLIAMS,
Speaker of the House Mti^lepresentatives ,
MATTHEW TALBOT,
President of the Senate.
WILLIAM RABUN, Governor,
[ 33 ]
ALLEVIATING LAWS.
AN ACT*
To alleviate the condition of Debtors.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia in General Assembly met, and it is enacted by the authority of the same, That No civil pr«-
cess to issue
from and after the thirtieth day of the present month, November, it shall not be lawful after the 30th
for any civil officer of the state to issue any civil precept or process whatsoever, during ° ovem er '
the continuation of this act, except as hereinafter excepted.
Sect. 2. And be it further enacted, That it shall not be lawful for any sheriff, de-
puty sheriff, coroner or constable, or other civil officer, during the continuation of this
act, to serve any civil writ, warrant, precept or process, whatsoever, except as herein-
after excepted, or to levy any execution, ca. sa. or any other process whatever, which
has heretofore issued, or may hereafter issue, against the person or property of any per-
son or persons whatever, or make any sales by virtue of any execution now in his or
their possession, or that may hereafter come into his or their possession, except such as
be founded on attachment, and such as are hereinafter excepted.
No civil pro-
cess to be
served.
Executions
not to be le-
vied.
No sales to be
made by vir-
tue thereof.
Exception.
Sect. 3. And be it further enacted, That the treasurer shall not proceed to collect The treasur-
from the purchasers of fractional surveys in the late land lotteries, by execution, the ceed°by°exe°
amount of any sum or sums which may be now due, or hereafter become due, during thSHroEw
the continuation of this act, except such purchasers of fractions who have removed, or of fracti °nal
surveys.
Exception,
See act of 1813, No. 33, supplementary to, and amendatory of this act. Both acts have expired.
SOULIER
34
ALLEVIATING LAWS. 1812.
(No. 32.) are about to remove without the state, and an oath to that effect is made by some one
or more credible witness or witnesses.
Sect. 4. And be it further enacted, That all persons shall be compelled to liquidate
liquidate their their accounts, if required so to do, and on refusing to comply, the creditor shall be at
accounts, and . "•"': ' .
in case of re- liberty to prosecute his debt to a judgment,
fusal, the cre-
ditor may prosecute his debt to judgment.
Statute of li-
mitations sus-
pended (ex-
cept as to
land) during
the continuance of this act
Sect. 5. And be it further enacted, That the act of limitation, now in force in this
state, shall cease to run, except as relates to real estate, for and during the time this
act shall continue in force.
Securities,
how relieved
in certain
cases,
Sect. 6. And be it further enacted, That where any person is now, or may hereafter
become security, on such security's making oath that he has just reason to believe that
the principal for whom he is or may be security, is about to squander Or make way with
his property, whereby such security conceives he would be compelled to pay such debt,
or a part thereof, that then and in that case, the principal shall be compelled to give
new security, which shall be approved of by the original security, otherwise the creditor
shall be compelled to proseeute his said debt to judgment, execution and sale of the de-
fendant's property, if required so to do by the original security, .and on refusal so to do,
the original security shall be exempt from the payment of the said debt.
A creditor Sect. 7. And be it further enacted, That where any creditor apprehends the loss of
his y suit°to CUte ms debt? by his debtor being about to squander or waste his property, and shall make
judgment, on q^ tnereo f., he shall be at liberty to prosecute his suit to a judgment,
that he apprehends the loss of his debt by his debtor's being about to squander or waste his property.
This act not
to extend to
any case for
the recovery
of taxes :
Or- revenue
due to the
state :
Or to Augusta,
Savannah, &c.
The Planters'
and Augusta
Banks ;
Or tonnes and
forfeitures :
Nor to cases
of rent, where
the tenant re-
fuses to give
possession.
Nor to prevent
he filing of bill
Sect. 8. And be it further enacted, That this law shall not be construed to extend
to any cases for the recovery of taxes, or revenue due, or to become due to the state or
to the cities of Savannah and Augusta, and. all other incorporate towns in the state, the
Planters' Bank of the State of Georgia, and the Augusta Bank, to forfeitures to the state
for torts and wrongs committed against the state, or to any fines, inflicted by the proper
authority, for neglect of duty ; nor to case of rent, where the tenant or tenants refuse to
give up possession, after the term or terms for which such premises were leased; nor to
prevent the .filing of bills in equity for discovery and relief, and to restrain fraud in the
execution or performance of contracts : Provided, that this act shall not extend to the
collection of tuition money now due, or which hereafter may become due to the univer-
sity, and to the academies in Chatham and Liberty, and all other academies and pri-
vate schools.
i inequity. Proviso, as to tuition money, of the university, he.
ALLEVIATING LAWS. 1812,
35
Sect. 9. And be it further enacted, That where any sheriff, coroner or constable, or (No. 32.)
other civil officer, may have heretofore levied on any property, or may hereafter levy on Property le-
J • i rr it -i vie & on shall
any property, real or personal, it shall be the duty of such officer to deliver up said be given up to
property to the defendant or defendants, on his, her or their giving security for the re- n his „ iv . '
delivery thereof when called on, or for the eventual payment of the debt and costs ; and *ng security
where any property has been heretofore, or may hereafter be levied on, by virtue of any very, or for
. i / r •' the eventual
execution as aforesaid, and the defendant or defendants may have given, or may here- payment of
after give security for the delivery of the same, or for payment of the money, and it cos t s .
shall satisfactorily appear, by the oath of the plaintiff, his, her or their attorney or agent, When the
that the defendant, or his, her or their security or securities, has left, or is about to agent or attor-
leave the state or county, (except such as may be out in the service of their country,) oatl^that such
then and in that case, the said officer or officers are fully authorized to proceed, in the defendant, or
J y the security
usual way, as fully and effectually as if this law had never been passed : Provided ne- which he has
vertheless, that the defendant or defendants may stop the sale of their property, on or or is about to
before the day of sale, on payment of costs, and giving new security, and all such se- leave > tl ^ e state
curity shall be held and considered as special bail, and in all cases where bail is offered ceptsuchas
. ' may be in ser -
the party offering to become bail shall be required to justify. And where any person vice) the offi-
maybe in actual service, and their property is about being removed out of the county or ceedasifthis
state, his creditor shall be at liberty to proceed against the property of such person as ! aw no ^
pointed out by this act, against the property of absconding debtors, on such creditor's Proviso.
making oath, that he has just reason to believe such removal is actually about to take Sale mav be
stopped on
place, and that he apprehends the loss of his said debt, or some part thereof, by such paying costs
, and giving se-
removal. cur ^
Security held
as special bail: Required to justify. In what way a creditor may proceed, when the property of a person in service is
about to be removed out of the county or state.
Sect. 10. And be it further enacted, That nothing in this act shall be so construed This act not to
prevent the
as to prevent the trial of the right of property, actions of ejectment or of trespass, ac- trial of the
tions of trover, actions of assault, menace and battery, wounding or imprisonment, or perty, norac-
any of them. tions of ej^ct-
J ■ ment, &c. &c.
Sect. 11. And be it further enacted by the authority aforesaid, That, where any she- Sheriffs and
other officers
riff, coroner, constable, attorney at law, or other officer, shall have received and col- compelled to
lected money by virtue of their office respectively, that they shall be compelled to pay n\Ys as hereto-
over the same, in the same manner they and each of them would have been compelled fore "
heretofore so to do.
Sect. 12. And be it further enacted, That any person, making oath that his, her or Attachments
their debtor is about to remove out of this state or any county, attachment shall be sran *
granted thereon, on giving bond and security agreeably to law ; the subsequent proceed-
ing shall be the same as is prescribed by the attachment law now in force in this state :
F 2
36
ALLEVIATING LAWS. 1812.
(No. 32.) Provided nevertheless, that the defendant may stop all further proceedings, either beforf
Proceedings or after judgment, by giving good freehold security for the debt and costs,
may be stop-
ped, by giving security for the debt and costs.
This act not to
extend to exe-
cutors, admi-
nistrators, &c.
who withhold
any money,
property, &c.
from the pro-
per benefit of
the legatees,
distributees or
orphans; or
who have ap-
plied the same
to their own
use.
Proviso.
Sect. 13. And be it further enacted, That the provisions of this act shall not extend
to any executor, administratrix, administrator or guardian, who has actually in his or
her hands, any money, property or papers, belonging to any legatees, distributees or
orphans, and withholds the same from the proper benefit and use of said legatees, distri-
butees or orphans, or where he, she or they have applied said money, property or pa-
pers to his or her own individual use, and not to the use of said legatees, distributees
or orphans : Provided nevertheless, that nothing in this act shall be so construed as to
prevent the issuing subpoenas and summonses, and summoning jurors and witnesses,
where the same may be necessary, for the hearing and determining cases which by this
law the courts are authorized to hear and determine.
Assented to, 27th November, 1812.
BENJAMIN WHITAKER,
Speaker of the House of Representatives
WILLIAM RABUN,
President of the Senate
D. B. MITCHELL, Governor.
(No. 33.)
AN ACT*
Nothing in the
act of 1812
shall prevent
the Planters'
Bank or the
Bank of Au-
gusta from in-
stituting suits,
Sic.
Supplementary to, and amendatory of an act, entitled " An act to alleviate the
condition of debtors" passed the 21th November, 1812.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
nothing in the before recited act, shall operate to prevent the President and Directors
of the Planters' Bank of the State of Georgia, or the Bank of Augusta, from instituting
suit, or suits, and enforcing all contracts made with them, or either of them, in their cor-
porate capacity, in the same manner that they were authorized to do, before the passing
of said act.
* Expired-
. ■.. ^^g^gn^giggi
mi
ALLEVIATING LAWS. 1813.
37
Sect. 2. And be it further enacted by the authority aforesaid, That actions upon the (No. 33.)
Is may in all cases, be brought, in thes;
act had not been passed, or had never had existence
case for words may in all cases, be brought, in the same manner as if the before recited ActK > ns <>nthe
case for words
may be
brought.
Sect. 3. And be it further enacted by the authority aforesaid, That in all cases of Where judg-
judgments heretofore obtained, or which may hereafter be obtained, or executions here- been or may
tofore issued, it shall and may be lawful for the plaintiff or plaintiffs in such judgments Q ^ ^enTll
or executions, their agent or attorney, upon affidavit made that his debtor is removing: or cuti °nshave
. heretofore is-
abouc to remove, or has removed his, her or their property out of this state, or any sued, the
county thereof, to compel such debtor to give good and sufficient freehold security to making' affida-
such plaintiff, in a sum equal to the amount due on such judgment or execution ; and on debtoi^isre-
failure of such debtor to give such security, it shall be lawful for the plaintiff in those movi »g. or
1 about to re-
executions heretofore issued, to proceed therewith, and to cause the same to be levied move, or has
removed his
on the property of such defendant ; and in cases of judgments, where executions shall property out
not have issued, the clerk of the court where such judgment was obtained, or in cases countVmay 01 ^
of judgments before Justices of the Peace, for such Justice to issue execution against compel him to
J ° , , . ° give security,
such debtor, which may be levied on the property of such debtor, in the same manner as If tlle <j ebtor
if the before recited act had not been passed: Provided, that nothing herein contained fai1 . to S lve S€ "
r ° cunty, the
shall operate to prevent the giving such security to the officer having such execution, at plaintiffs in
any time before the sale shall have actually taken place in virtue thereof ; and upon giv- tions hereto-
ing such security, the sheriff or officer holding such execution, shall stop further pro- may have 6 his
ceedincrs, and shall return to the defendant or defendants all such property as shall have debtor's pro-
° ' r r j perty levied
been levied on by virtue of any such execution. on.
And in cases
of judgments where executions had not issued, they may issue and be levied, &c. on the property of such debtor. Pro-
viso. That security may be given, and the property restored.
Sect. 4. And be it further enacted by the authority aforesaid, That the provisions of
this act, or the one to which this is amendatory, shall not extend to any executor or
executrix, administrator or administratrix, or guardian, who has actually in his, or her
hands any money belonging to any legatees, distributees or orphans, and withholds the
same from the proper benefit and use of said legatees, distributees or orphans ; or where
he, she or they have applied said money to his, her or their own individual use, and not
to the use of said legatees, distributees or orphans : Provided nevertheless, that nothing
in this act, or the one to which this is amendatory, shall be so construed as to prevent
the issuing of subpoenas, summonses and commissions for taking depositions of wit-
nesses, and summoning jurors and witnesses, where the same may be necessary, for the
hearing and determining of cases, which by this act, and the one to which this is a sup-
plement, the courts of this state are authorized to hear and determine.
This act not to
extend to exe-
cutors, &c.
who withhold
any money,
&c. belonging
to distributees,
legatees or or-
phans, or who
have convert-
ed it to their
own use.
Proviso.
38
ALLEVIATING LAWS. 1813.
(No. 33.)
Bonds, &c.
given for ti-
tles to land,
may be sued
on.
Mortgages on
personal pro-
perty may be
foreclosed.
Proviso.
Sect. 5. And be it further enacted, That nothing contained in this act, or the act to
which this is amendatory, shall go to prevent the commencement and trial of suits on
bonds and obligations, or other instruments in writing given for titles to land.
Sect. 6. And be it further enacted, That nothing in the before recited act, shall ope-
rate to prevent the foreclosure of mortgages on personal estate : Provided, that any per-
son seeking to foreclose his mortgage, shall, at the time of making application for fore-
closure, make oath that the mortgagor is about to remove the property out of the state,
or any county of the state.
Creditors shall Sect. 7. And be it further enacted, That all persons, holding open accounts, such
andproveT creditor, before he shall call on his debtor for the liquidation of said accounts, in terms
their accounts Q f tne f our th section of an act to which this is an amendment, shall fairly draw off his
before they
can require account, prove the same before a Justice of the Peace, or some other officer of the
peace.
Sect. 8. And be it further enacted by the authority aforesaid, That so much of the
before recited act as militates against this act, be, and the same is hereby repealed.
their debtors
to liquidate
the same.
Repealing
clause.
Continuation Sect. 9. And be it further enacted, That this act, and so much of the act to which
of this act, &c. tn - g j g - amen datory, as be not repugnant to this act, shall be and continue in force until
the 25th day of December, 1814, and no longer.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 6th December, 1813.
PETER EARLY, Governor
ALLEVIATING LAWS. 1814,
39
AN ACT*
(No. 34.)
What remedy
may be adopt-
ed, when any
person shall
run out of this
state the pro-
perty of any
one deceased,
To authorize the several Courts of Equity in this State to grant remedies in certain
cases, and to regulate the Courts of Law and Equity in this state, and for afford-
ing temporary relief to the Soldiers, whilst in the service of this state, or of the
United States, and for other purposes. •
Sect. 1. BE it enacted by the Senate and- House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That where any person or persons has or shall run out of this state the property of a de-
ceased person or persons, to the injury of the orphans of said deceased, or to the injury
of the next of kin entitled to the same, it shall and may be lawful for the Judges of
the several Courts of Equity in this state, upon application, and the facts being stated
on oath made to the truth thereof, and also the property being described, and its value
sworn to by the person or persons entitled to said estate, his, her or their agent or at-
torney, to give the party a remedy, either by arresting the defendant or taking his pro-
perty, or both, as the court in its discretion shall deem necessary and proper : Pro-
vided ahvays, that the Judge granting the same shall take good security of the party,
his, her, or their agent or attorney, in double the amount sworn, to make good all costs
and damages the defendant shall sustain, if the plaintiff shall discontinue or be cast in
the said suit.
Sect. 2. And be it further enacted, That the defendant, if arrested, and his property The person
also, if taken, shall be discharged and returned to him, on his giving good security to of theTdefend-
perform the order and decree of the court. ant to be dis-
charged upon
his giving security to perform the order, &c of the court.
Proviso.
Sect. 3. And be it further enacted, That if the defendant fails, or neglects or refuses If the defend-
to give such security, the court may make such disposition of the property as in its d
cretion it shall deem most advantageous to the parties on both sides.
court shall
dispose of the
property as it may deem best.
Sect. 4. And be it further enacted, by the authority aforesaid^ That in all cases where Stay of execu-
" i- t- ii i r i "■ •;'■• V. ■, tionfortwelve
a verdict shall hereafter be rendered, and judgment entered and signed thereon, m any of months autho-
of the Superior or Inferior Courts of this state, the party against whom such judgment grated!
shall be so entered, may stay all further proceedings, by entering good and sufficient secu-
rity, either in open court or in the clerk's office, within ten days after the judgment of
said court, for the payment of the judgment and costs within twelve months from the
* See Act of 1815, No. 35, repealing the 4th, 5th, 6th, and 7th sections of this act.
i^i
■
40
ALLEVIATING LAWS. 1814.
(No. 34.) date of said judgment, and if such party shall not pay the same agreeably thereto, exe-
cution may issue against such party and the security, without any other proceedings
thereon.
The foregoing 1 Sect. 5. And be it further enacted, That all parties against whom judgments are ren-
tended to par- dered, in any of the Justices' Courts in this state, shall be entitled to the benefits and
ties m Justices p rov isions of the foregoing section, upon their complying with the terms therein requir-
ed, by giving security to the Justices of the Peace.
No verdict to
be taken or
judgment en-
tered, against
any soldier or
officer, whilst
in service of
the state or
the United
States.
Continuance
in such cases
authorized.
The property
of such soldier
or officer not
to be levied on
or sold, whilst
in service, or
on his way to,
or returning
from rendez-
vous, or within
six months af-
ter his term of
service has ex=
pired.
Proviso.
Parties against
whom judg-
ments have al-
ready been ob-
tained,entitled
to the benefits
of the 4th sec-
tion of this
act, &c
Sect. 6. And be it further enacted, That it shall not be lawful for any of the Judges
of the Superior Courts, Justices of the Inferior Courts, or Justices of the Peace, in this
state, to suffer any verdicts to be rendered, or judgments entered or signed in any or
either of their said courts, against any soldier or officer of this state, whilst such soldier
or officer is in the service of this state, or of the United States ; but in all cases where it
shall be made satisfactorily to appear to any of the said courts, that either of the parties
to any case in either of their said courts depending, is in the service aforesaid, the same
shall be held, deemed and considered a good ground and sufficient cause of continuance
of said case, if either of said parties, their agent or attorney, choose to claim the same.
Nor shall any execution be levied on, or the property of any such soldier or officer be
sold, by virtue of any execution which has heretofore or may hereafter be issued against
him, whilst he is in the service aforesaid, or on his way to, or returning from the place
of rendezvous, or within six months after the expiration of the term of service of such
soldier: Provided, such soldier shall, within twenty days after the expiration of his term
of service, give security, as other persons are required to do by this act; nor shall any
civil process whatever be issued against any soldier or officer whilst in such service.
Sect. 7. And be it further enacted, That in all cases where judgment has already been
obtained in any of the courts aforesaid, the party against whom the same has been ob-
tained may, by complying with the terms contained in the 4th section of this act, claim
and receive the benefits and provisions of said section. And where execution has al-
ready issued, the officer in whose hands the same may be, shall be bound to take the
security required, as directed in said section.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
JARED IRWIN,
President of the Senate, pro. tern,
Dissented to, by the Governor, 22d November, 1814.
ALLEVIATING LAWS. 1814. 4J
In the House of Representatives, 22d November, 1814: Repassed by a majority of (No. 34.)
two-thirds of the House, agreeably to the provisions of the Constitution.
BENJAMIN WHITAKER, Speaker.
Attest — A. S. Clayton, Clerk.
Repassed by two- thirds of the Senate, 23d November, 1814.
JARED IRWIN,
President of the Senate, pro. tern,
Attest — Will. Robertson, Secretary.
AN ACT (No. 35.)
To repeal the fourth, fifth, sixth and seventh sections of an Act, entitled An Act
to authorize the several Courts of Equity in this State, to grant remedies in cer-
tain cases, and for regulating the Courts of Law and Equity in this State, and
for affording temporary relief to the Soldiers, whilst in the service of this State
or of the United States, and for other purposes.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted, That the fourth, fifth, sixth The 4th, 5th,
• • ^th and 7th
and seventh sections of the above recited act be, and the same are hereby repealed; sectionsofthe
Provided nevertheless, that nothing herein contained shall be so construed as to affect any pea j e ^
case or cases where executions have been stayed for twelve months in terms of said act, Proviso.
until such terms shall have expired.
Sect. 2. And be it further enacted, That the stay of execution authorized by the se- Thestayofex-
venth section of the before recited act was, in the opinion of this legislature, and of right r \ zc d by the
ought to be held, deemed and considered, to be for twelve months from the date of the *?" se< -£edact
before recited act, and no longer. — And provided also, that nothing herein contained considered to
' ° . . be for 12 mo.
shall be so construed as to deprive the party holding the eldest judgment, where secu- from the date
of the £ict
rity has been given in terms of the before recited act, from claiming the proceeds of sales
holding the oldest judgment, where security has been given, entitled to money raised under a younger one.
G
42
ALLEVIATING LAWS. 1815.
(No. 35. ) made by virtue of any execution founded on a younger judgment, in the same manner
as if no such security had been given ; any law, usage, or rule of court, to the contrary
notwithstanding.
Assented to, 12th December, 1815,
BENJAMIN WHITAKER,
Speaker of the House of Representatives -.
WILLIAM RABUN,
President of the Senate,
D. B, MITCHELL, Governor,
C 43 ]
ALIENS.
AN ACT
To exempt from military duty certain individuals, not citizens of the United
States.
WHEREAS, it is deemed grievous and oppressive, that individuals, not citizens of Preamble,
the United States, and who are subjects of a foreign government, and only temporary
residents in this state, for commercial and other purposes, and who do not intend to
settle or reside in this state, or become citizens thereof, should be considered liable to
such military drafts, as may from time to time be made upon the militia of this state,
and particularly when such subjects belong to governments whose laws do not recog-
nise such military liability, or exact such military duties from the citizens of the United
States.
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, That such individuals, subjects as aforesaid, of a foreign govern- Aliens exempt
x. it 1. j i i i i r n from military
ment, shall be, and they are hereby declared to be, exempted from all military duty drafts, and mi-
in the militia of this state, and from all military drafts which may hereafter be ltary uty>
made, any law to the contrary notwithstanding: Provided however, that this law Proviso,
shall not be construed or operate, as to extend to their liability to perform certain local
duties, within the several counties in which they reside, such as the repelling of local
invasions, extinguishing conflagrations, putting down insurrections, and. the like : And
provided also, that it shall not extend to such individuals, who are subjects or citizens Proviso,
G 2
44 ALIENS. 1818.
(No. 36.) of a foreign government or state, the laws of which said government or state do not
extend a similar and co-extensive exemption to the citizens of the United States.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 19th December, 1818,
WILL IAM RABUN, Governor.
(No. 27. ) AN ACT
To prevent the introduction of passengers, who are Miens, into the port of Savan-
nah, during the months of July, August, September, and October.
WHEREAS, it has been the practice of masters of vessels to bring numbers of pas-
sengers, natives of foreign countries, into the port of Savannah, during the sickly-
months, thereby exposing to almost certain death individuals whose constitutions are
but illy adapted to the insalubrious climate of that city, and thereby subjects, the com-
munity to an onerous expense.
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Masters of ves- That any master or commander of any ship or vessel arriving between the first of July
Sivannah'in S and the last day of October, inclusive, from a foreign country, or from any other part
wmpdfed"!© 8 of the United States, who shall enter his vessel at the custom-house in the city of Sa-
report their vannan , s hall, within twenty-four hours after such entry, make a report in writing, on
foreign pas- J '
senders. G ath, to the Mayor of said city, of the age, name, and occupation, of every person, who
shall have been brought as passenger in such ship or vessel on her last voyage, upon
Penalty. pain of forfeiting for every neglect or omission to make such report, the sum of se-
venty-five dollars for every alien, neglected to be so reported as aforesaid.
Masters bring- Sect. 2. And be it further enacted, That it shall" be lawful for the said Mayor, or in
seng'i C s h shall ™s sickness or absence, any person legally authorized to act in his place, to require
give bond and every suc h mast er of such ship or vessel, to be bound with two sufficient securities to
security to in- J- *■
demnify the tne Mayor and Aldermen of the city of Savannah, in such sums as the Mayor or such
Corporation, h , . . ,• r i
&c. tdrar.} ex- person so legally authorized as aforesaid, may think proper, not exceeding tnree nun-
mlybe^ur- dred dollars for each passenger, to indemnify and save harmless the said Mayor and
ALIENS. 1819.
45
Aldermen, and the commissioners of the poor-house and hospital, and their successors, (No. 37.)
from all and every expense and charge which shall or may be incurred for the mainte- red for their
support,incase
nance and support of any such person so introduced, and for the maintenance and sup- theyshould be-
port of the child or children of any such person which may be born after such importa- ab ] e G n the
tion, in case such person so imported, or any such child or children, shall at any time cltJ ' Wlthm
within six months after the said importation become chargeable to the said city ; and if Penalty for
any such person so brought as aforesaid, and not being a citizen of the United States, p assen gfi?s to
shall be permitted or suffered to land within the said city from any such ship or vessel, | aml j b «° 1 * e
r j j r i bond given,
before such bond shall have been given, and without a permission in writing from the &c.
said Mayor, or person so legally authorized as aforesaid, the master or commander of
such ship or vessel shall be subject to the penalty of three hundred dollars for every
person so suffered or permitted to land as aforesaid.
Sect. 3. And, be it further enacted, That if any person who may have been a passen- if landed witk-
ger in any such ship or vessel, and not being a citizen of the United States, shall be ' fth G jt &
suffered to land from such ship or vessel at any place within the distance of fifty miles what penalty.
from the said city, with intent to proceed to the said city, otherwise than in the said
ship or vessel, the master or commander thereof shall be liable to the like penalty of
three hundred dollars for every such person so suffered or permitted to land.
Sect. 4. And be it further enacted, That if any householder in said city shall, Householders
knowingly, entertain in his house or family, any alien so landed as aforesaid, and shall such Sen? to
not report such alien to the said Mayor, or in case of his sickness or absence, any per- re P ortthem -
son legally authorized to officiate in his place, within twenty-four hours after such en-
tertainment commences, he or she shall forfeit and pay the sum of fifty dollars for every Penalty for not
!_■"' v i doing so.
such alien so entertained.
Sect. 5. And be it further enacted, That all and singular the said penalties and for- Penalties, by
c • ... . , , whom and
ieitures arising in said city, shall and may be sued for and recovered, with full costs of how recover-
suit, by action of debt in the Superior Court of this state, in the name of the said Mayor ed '
and Aldermen, and when recovered by them, shall be applied towards the support of the
poor of the said city, and the defendant in every such suit shall be held to special bail,
and upon every such trial for any penalty or forfeiture supposed to be incurred by the
landing of any such persons as aforesaid within the said city, the same landing shall be
presumed, unless the defendant shall prove that the said person was taken or sent to
some foreign country, without having been suffered to land as aforesaid.
Sect. 6. And be it further enacted, That it shall be lawful for the said Mayor and Mayor, &c.
Aldermen to compound for the said penalties and forfeitures or any of them, either be- pound for pe-
nalties.
46 ALIENS. 1819.
(No. 3T.) fore or after suing for the same, upon such terms as the circumstances of the defendant
or of the case may in their judgment require.
Vessel liable Sect. 7. And be it further enacted, That every ship or vessel from which such alien
to be attached g^^j nave been so landed, without permission in writing from the said Mayor or person
unless certain 1 r ° J r
securities be so legally authorized as aforesaid in his place, shall be liable for the said penalties, and
given. m . . .
may be proceeded against by attachment, or any other mode in similar cases allowed by
law ; unless the owner thereof or their agents shall give bond, with sufficient sureties, to
the sheriff or his deputy, in the name of the Mayor and Aldermen, for the payment of
the said penalties, and every of them which may have been incurred during or since the
last voyage of the said ship or vessel, or for paying the value of such ship or vessel to-
wards the satisfaction of such penalties as may have been so incurred by suffering any
alien to land as aforesaid, and such value shall be ascertained by the wardens of the
port of Savannah, or any two of them.
How this law Sect. 8. And be it further enacted, That it shall be the duty of the corporation of
tised before it Savannah to advertise this law in one or more gazettes of all the sea-port towns in this
shall operate. s t a te, for the information of all those who may be concerned, at least three months be-
fore this law shall go into effect.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 22d December, 1819.
JOHN CLARK, Governor.
[ 47 ]
APPROPRIATION ACTS.
AN ACT 1811.
To appropriate Money for the political year 1812. (No. 38.)
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted, That the sum of sixteen Contingent
thousand dollars be, and the same is hereby appropriated as a contingent fund, subject
to the orders of the Governor.
Sect. 2. And be it further enacted, That the sum of two thousand dollars per annum Salary of the
be, and the same is hereby appropriated, for the Governor's salary ; to the Secretaries of His Secreta-
the Executive Department, (not exceeding two,) five hundred dollars each ; to the Secre- secretary of
tary of State, two hundred dollars ; the Treasurer, twelve hundred dollars ; the Sur- State.
J Treasurer.
veyor General, two hundred dollars; the Comptroller General, six hundred dollars ; Surveyor
the Clerk of the House of Representatives, three hundred dollars ; the Secretary, of Se- Comptroller
nate, three hundred dollars ; the said clerk and secretary to be responsible for the books cfJJ^of the
and papers belonging to their respective offices, unavoidable casualties excepted ; the House of Re-
r ' x presentatives,
Judges of the Superior Courts, fourteen hundred dollars each ; the Attorney General and Secretary
and three Solicitors General, one hundred and fifty dollars each ; which said several judges of the
sums of money shall be, and they are hereby appropriated for their use, to be paid quar- courts^
ter-yearly, by warrant from the Governor on the Treasurer, out of any monies not Attorne y and
. . . J Solicitors
otherwise specially appropriated. General,
Sect. 3. And be it further enacted, That for the compensation of the Members of Pay of mem-
the House of Representatives and Senate, three dollars each per day, during their at- legislature.
tendance, and the sum of three dollars for every twenty miles in coming to, and return-
ing from, the seat of government ; and the sum of four dollars per day to the President President and
Speaker.
of the Senate and the Speaker of the House of Representatives during their attendance,
48
APPROPRIATION ACTS. 1811.
(No. 38.) and the sum of three dollars each, for every twenty miles in coming to and returning
Clerk and from the seat of government ; to the Clerk of the House of Representatives and Se-
Secretary.
cretary of the Senate, during the sitting of the Legislature, four dollars each per day ;
Assistant and and the sum of sixty dollars each, for contingent expenses ; to the two engrossing
engrossing
Clerks. Clerks, and one assistant Clerk to the House of Representatives, and two engrossing
Clerks of Clerks to the Senate, four dollars per dav each ; to William Dowsing;, Clerk to the corn-
Committees. m ; r J & '
mittee on finance, sixty dollars ; to Watson Porter, Clerk to the committee on the state
Messengers f tne Republic, the sum of sixty dollars ; to the Messengers and Doorkeepers to both
keepers. branches of the Legislature, the sum of three dollars each per day; to the Adjutant
Adjutant Ge- General, twelve hundred dollars per annum, to be paid monthly ; to Frederick Freeman,
neral. Clerk to the committee on the criminal code, forty dollars; to Dennis L. Ryan, thirty
dollars for printing 125 copies of the report of the committee on the penal code ; the
Appropriation sum of ten thousand dollars be, and the same is hereby appropriated, to commence the
for a Peniten- ..
tiary edifice; rearing of a Penitentiary edifice; the sum of fifty thousand dollars be, and the same is
And for shares hereby appropriated, for taking up the State's shares in the Bank of Augusta, agreeably
Bank. to a concurred resolution, to.be under the direction of the Governor; to the State Corn-
Individual ap- missioners, as per account rendered, one hundred and twenty-nine dollars ; to Peter
Farr, for winding up the clock, keeping clean the staircases, passages, &c. sixty dollars;
to Alexander Greene, eighty dollars, for airing, scouring, and taking care of the State
House, the desks and carpets, in the recess of the Legislature, and making fires on wet
days ; the sum of twenty-five dollars to Nathaniel Twining, for distributing the Laws
and Journals in several counties in the year 1805, agreeably to a concurred resolution;
to William Lumkin, five dollars thirty-one and one-fourth cents, for taking the census
of Oglethorpe county, there being a mistake to that amount in the appropriation of last
year; to Obadiah Crawford, Stokely Morgan, and William Jourdan, commissioners for
valuing the State House, at and after the rate of five. dollars per day, while on duty at
the seat of government, and the further sum of five dollars for every thirty miles in
coming to and returning from the same ; to Edmund B. Jenkins, the sum of five hun-
dred dollars, agreeably to a concurred resolution of the present session : Which said
several sums shall be, and the same are hereby appropriated out of any monies which
now are, or. may hereafter come into the treasury, not otherwise heretofore appropriated.
ROBERT IVERSON,
Speaker of the House of Representatives .
MATTHEW TALBOT,
President of the Senate,
Assented to, 16th December, 1811.
D. B. MITCHELL, Governor.
APPROPRIATION ACTS. 1812. 49
AN ACT C No « 39
To appropriate money for the political year 1813.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met , and it is hereby enacted by the authority of the same, That Contingent
the sum of sixteen thousand dollars be, and the same is hereby appropriated as a contin-
gent fund, subject to the orders of the Governor.
Sect. 2. And be it further enacted, That the sum of two thousand dollars per annum Appropriation
be, and the same is hereby appropriated for the Governor's salary; to the Secretaries of ve rnor's sala-
the Executive Department, not exceeding two, five hundred dollars each; to the Secre- ry;
tary of State, two hundred dollars ; the Surveyor General, two hundred dollars ; the r ; es .
Treasurer, twelve hundred dollars; the Comptroller General, six hundred dollars; the Secretary of
State.
Clerk of the House of Representatives, three hundred dollars; the Secretary of Senate, surveyor Ge-
three hundred dollars ; the said Clerk and Secretary to be responsible for the books and a '
Treasurer.
papers belonging to their respective offices, unavoidable casualties excepted; the Judges Comptroller
of the Superior Courts, fourteen hundred dollars each ; the Attorney General, and three enera •
Solicitors General, one hundred and fifty dollars each; which said several sums of House of Re-
money shall be, and they are hereby appropriated for their use, to be paid quarter-yearly, an? Secretary
by warrant from the Governor on the treasury, out of any monies not otherwise of Senate -
~~. . Judges.
specially appropriated. Attorney, and
Solicitors Ge-
neral.
Sect. 3. And be it further enacted, That for the compensation of the members of the p av of Mem-
House of Representatives and Senate, three dollars each per day during their attend- j^tnslature
ance, and the sum of three dollars for every twenty miles in coming to, and returning
from the seat of government; and the sum of four dollars per day to the President of President, and
Si 1") £* 3. lv G F
the Senate and the Speaker of the House of Representatives during their attendance,
and the sum of three dollars each for every twenty miles in coming to, and returning
from the seat of Government; to the Clerk of the House of Representatives and Secre- Clerk and
tary of Senate, during the sitting of the Legislature, four dollars each per day, and the
sum of sixty dollars for contingent expenses ; to the two engrossing Clerks, and one as- Assistant and
sistant Clerk to the House of Representatives, and two engrossing Clerks to the Senate, clerks.
four dollars per day each ; to the Clerk of the committee on finance, sixty dollars ; to clerks of
the Clerk of the committee on the state of the Republic, the sum of sixty dollars; to
the Messengers and Doorkeepers to both branches of the Legislature, the sum of three Messengers
aiid Door-
dollars each per day; to the Adjutant General, twelve hundred dollars per annum, to keepers.
be paid quarter-yearly; the sum of thirty thousand dollars to be set apart as a fund for Q enera j o
H
APPROPRIATION ACTS. 1812.
military disbursements, to be drawn for by his excellency the Governor, as he may
think the public safety and expediency may require ; to James Rousseau, the sum of
fifty-four dollars, and the sum of one hundred and ninety-four dollars to William S.
Mitchell, in full for their services for attending and assisting in ascertaining the 35th
degree of north latitude; the sum of five thousand dollars to be applied under the direc-
tion of the Governor and commissioners of the Penitentiary, toward the rearing of the
said building; to Alexander Greene, the sum of eighty dollars, for keeping in order the
State House and furniture for one year; to Peter Fair, the sum of sixty dollars, for
winding up the clock, sweeping the lower floors, stairs, &c; the sum of one hundred
thousand dollars,. under the direction of his excellency the "Governor, to enable him to
subscribe for the shares reserved to the state, in the Planters' Bank of the State of
Georgia; to the board of state commissioners, for the town of Milledgeville, the sum of
seventy-five dollars; to John B. Barnes, brigade -major of the cavalry, one hundred
and fifty dollars, agreeably to a concurred resolution of both branches of the Legisla-
ture for services rendered; to E. B. Jenkins, three hundred and thirty-nine dollars,
agreeably to a concurred resolution: Which said several sums shall be paid out of any
monies now in, or which may hereafter come into the treasury, not otherwise specially
appropriated.
(No. 39.)
Military Fund.
Sums to Indi-
viduals.
Appropriation
for the Peni-
tentiary.
To Alexander
Greene, and
Peter Fair.
Appropriation
for shares in
the Planters'
Bank, &c.
To E. B. Jen-
kins.
Assented to, 10th December, 1812.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
D. B. MITCHELL, Governor.
(No. 40.)
AN ACT
To appropriate monies for the political year one thousand eight hundred
and fourteen.
Appropria-
tions for the
year 1814.
Salary of the
Governor.
His Secreta-
ries.
Secretary of
State,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
for the support of government, for the political year eighteen hundred and fourteen, the
following sums of money be, and the same are hereby appropriated, viz: the Salary of
the Governor shall be two thousand dollars per annum ; Secretaries of the Executive
Department, not exceeding two, five hundred dollars each; the Secretary of State, two
APPROPRIATION ACTS. 1813s $±
hundred dollars; the Treasurer, twelve hundred dollars; the Surveyor General, two (No. 40.)
hundred dollars; the Comptroller General, six hundred dollars; the Clerk of the House _ sulel -
' r ' Surveyor Ge-
of Representatives, three hundred dollars; the Secretary of the Senate, three hundred neral.
dollars; th£ Judges of the Superior Courts, fourteen hundred dollars each; the Attorney General.
General and three Solicitors General, one hundred and fifty dollars each ; which said Clerk of the
House of Rep.
several sums shall be, and the same are hereby appropriated for their use, to be paid and Secretary
Ol SfMlSLlf*
quarter-yearly by warrant from the Governor on the Treasurer, out of any money not j ll( j„ es
specially otherwise appropriated. Attorney and
Solicitors
General;
Sect. 2. And be it further enacted. That the sum of sixteen thousand dollars be, and Contingent
. . . fund,
the same is hereby appropriated as a contingent fund, subject to the orders of the Go-
vernor. r
Sect. 3. And be it further enacted, That for the compensation of the members of l J ay of mem-
the Legislature, three dollars each per day, during their attendance, be appropriated, and Legislature.
the sum of three dollars for every twenty miles in coming to, and returning from the
seat of government ; and the sum' of four dollars each per day to the President of the President and
Senate, and Speaker of the House of Representatives, during their attendance ; and the
sum of three dollars each for every twenty miles their coming to, and returning from
the seat of government ; to the Clerk of the House of Representatives, and Secretary Clerk and
of the Senate, during the sitting of the Legislature, four dollars each per day, and the
sum of sixty dollars for contingent expenses, &c. ; to the two* engrossing Clerks, and Engrossing
Clerks, &c.
one assistant Clerk to the House of Representatives, and two engrossing Clerks to the
Senate, four dollars per day each ; to the Clerk to the committee on finance, and to the Clerks to
^i i c i • i r i t-» i i -n/r Committees.
Clerk ol the committee On the state of the Republic, sixty dollars each ; to the Messen- MessenC rers
gers and Doorkeepers of the Legislature, three dollars per day each, during the session ; ^ nd Door -
to the Adjutant General, one thousand dollars per annum, to be paid quarter-yearly ; Adjutant
the sum of fifty thousand dollars to be set apart as a fund for military disbursements, M - r ' f ,
to be drawn for by his excellency the Governor, as he may think the public safety and ex-
pediency may require ; to General Frederick Beall, the sum of fifty-six dollars and Sundry sums
twenty-five cents ; to colonel Magers Henderson, the sum of thirty-seven dollars and
eighty cents, agreeably to a concurred resolution of both Houses; to Alexander Greene,
eighty dollars, for airing, scouring and taking care of the State House, the desks and
carpets, in the recess of the Legislature, and making fires on wet days ; to Peter Fair,
sixty dollars, for winding up the clock, keeping clean the staircases, passages, &c.
Sect. 4. And be it further enacted, That the sum of twenty thousand dollars be, Appropriation
. . f° r tne P a y-
and the same is hereby appropriated for the payment of the sum which the Governor ment of a sum
has been authorized to borrow, by a concurrent resolution of the present Legislature ; efJ
provided the said sum has been, or should be borrowed.
H2
52 APPROPRIATION ACTS. 181:
(No. 40.) Sect. 5. And be it further enacted, That his excellency the Governor be, and he is
th G ° V ed^to nereDv authorized, should he find it necessary, to negotiate a loan with either the Bank
negotiate a f Augusta, or the Planters' Bank, for a sum not exceeding fifty thousand dollars, and
loan with the ° . .
Augusta or that the faith of the state be pledged for the repayment of this sum with ^e interest
Planters'
Bank. thereon.
Appropriation Sect. 6. And be it further enacted, That the sum of six thousand dollars be, and
in^thTreni- tne same * s hereby appropriated, toward the rearing and completing the Penitentiary
tentiary. building, to be drawn for by his excellency, as he may find it necessary ; to the Mayor
and Aldermen an d Aldermen of the City of Savannah, the sum of three thousand and ninety-five
of Savannah.
dollars and seventy cents, agreeably to a concurred resolution.
Assented to, 6th December, 1813,
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
PETER EARLY, Governor.
(No, 41.) AN ACT
To appropriate a sum of money for the purpose of fortifying the City of Savan-
nah, the City of St. Mary's, and the several inlets situated between the
said cities.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same.
Appropriation That a sum' not exceeding forty-five thousand dollars be, and the same is hereby appro-
Savannah ; priated to and for the purpose of purchasing the raw materials necessary for the defence
and fortification of the city of Savannah, and for the purchase of the necessary muni-
tions of war, and not by any means for the hire of labourers, in which sum shall be in-
cluded the amount heretofore advanced by his excellency the Governor for a like pur-
And St. pose. And that a further sum, not exceeding ten thousand dollars, be and the same is
hereby appropriated to and for the purpose of purchasing the raw materials necessary
for the defence and fortification of the city of St. Mary's, and for the purchase of the
A block -house necessary munitions of war, and not by any means for the hire of labourers. And that
"to be erected
on cumber- the further bum of one thousand dollars each be and the same is hereby appropriated to
land Island.
APPROPRIATION ACTS. 1814. 53
and for the purpose of erecting a block-house at the north end of Little Cumberland (No. 41.)
Island, one at the south end of St. Simons, one at the south end of Sappelo, one at the Jjg^jjfj
north end of Black Beard, one at the north end of St. Catharine's, one at the north St. Simons,
and other
end of Ossabau, and one at the south end of Wilmington Islands. places.
Sect. 2. And be it further enacted by the authority aforesaid, That his excellency the The Governor
_ , . r authorized to
Governor be and he is hereby authorized to draw out of the treasury ol this state, irom draWj and ap „
any monies not otherwise appropriated, the said several sums of money aforesaid, and P ? t ^°^[
apply the same in the proportions and to the purposes aforesaid. » poses.
Sect. 3. And be it further enacted by the authority aforesaid, That the following per- Commission-
J t ers appointed
sons be and they are hereby appointed commissioners to receive and apply the several to receive and
sums herein appropriated to the several purposes above stated, viz. — For the city of s ^ ms a f ore -
Savannah and county of Chatham, Messrs. Joseph Habersham, Charles Harris, George s
Jones, James Johnston, and John Bolton, or a majority of them ; for the city of St.
Mary's, Messrs. William Scott, Charles Floyd, John Hardy, William Gibson, and Da-
vid Lewis ; for the county of Bryan, Col. John Pray, Major Lee Blacksil, and George
M. Waters ; for the county of Liberty, General D. Stewart, John Stevens, William
Fleming, John Eliott, and Joseph Law ; for the county of M c Intosh, Major Francis
Hopkins, James Nephew, and Thomas Spalding"; and for the county of Glynn, Major
William Page, John Cooper, and Leighton Wilson ; and that the several sums, in the
proportions and for the purposes contemplated in this law, be drawn for by warrant on
the treasury, by his excellency the Governor, in their favor, so soon as they shall have
given bond and security for the faithful performance of their duty in applying the same Who shall
p'ive bond and
for the purposes contemplated by this law ; and on receiving the same, shall render half- security for
yearly a just and true account of the expenditure of the same, to his excellency the performance
Governor for the time being. Provided nevertheless, that in case any of the commis- o f tneir duty,
sioners herein named, shall refuse to accept, or comply with the requisitions herein con- Proviso.
tained, his excellency the Governor is hereby authorized and required to appoint other
fit and proper persons in their stead under like restrictions.
Sect. 4. And be it further enacted by the authority aforesaid, That his excellency the The Governor
Governor shall be, and he is hereby authorized to effect a loan'of what money he may effect a loan.
54
APPROPRIATION ACTS. 1814.
(No. 41.) deem advisable for the purposes aforesaid, in the event of there being a deficiency in
the treasury.
BENJAMIN WHITAKER,
Speaker of the House, of Representatives.
JARED IRWIN,
President of the Senate, pro tern.
Assented to, 9th November, 1814
PETER EARLY, Governor.
(No. 42.)
AN ACT
To appropriate monies for the political year owe thousand eight hundred and
fifteen.
Appropria-
tions for the
year 1815.
Salary of the
Governor.
His Secreta-
ries.
Secretary of
State and
Treasurer.
Surveyor Gen.
Comptroller
General.
Clerk of the
House of Rep.
and Secretary
of Senate.
Judges.
Attorney and
Solicitors
General.
Contingent
fund.
Sect. 1. BE it enacted by the Senate and House' of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of
the same, That for the support of government for the political year one thousand eight
hundred and fifteen, the following sums of money be, and the same are hereby appro-
priated, viz.
The salary of the Governor shall be two thousand dollars per annum ; Secretaries of
the Executive Department, not exceeding two, five hundred dollars each; the Secretary
of State, two hundred dollars ; the Treasurer, twelve hundred dollars ; the Surveyor
General, two hundred dollars ; the Comptroller General six hundred dollars ; the Clerk
of the House of Representatives and Secretary of the Senate, three hundred dollars
each ; the Judges of the Superior Courts, fourteen hundred dollars each ; the Attorney
General and three Solicitors General, one hundred and fifty dollars each; which said
several sums shall be, and the same are hereby appropriated for their use, to be paid
quarter-yearly, by warrant from the Governor on the Treasurer, out of any money not
otherwise specially appropriated.
Sect. 2. And be it further enacted, That the sum of twenty thousand dollars be,
and the same is hereby appropriated, as a contingent fund, subject to the orders of the
Governor.
Pay of mem- Sect. 3. And be it further enacted, That for the compensation of the members of the
Legislature. Legislature, three dollars each per day during their attendance be appropriated, and the
sum of three dollars for every twenty miles in coming to and returning from the seat
APPROPRIATION ACTS. 1814. 55
of government ; and the sum of four dollars each per day to the President of the Se- (No. 42.)
nate and Speaker of the House of Representatives, during their attendance, and the sum President and
of three dollars each for every twenty miles in coming to and returning from the seat
of government ; to the Clerk of the House of Representatives, and Secretary of the clerk and
Senate, during the sitting of the Legislature, four dollars each per day, and the sum of
sixty dollars for contingent expenses ; to the two engrossing Clerks, and one assistant Engrossing
Clerks &c
Clerk to the House of Representatives, and two engrossing Clerks to the Senate, four
dollars each per day ; to the Clerk of the committee on finance 1 , and to the Clerk of the Clerks to.the
committee on the state of the Republic, sixty dollars each ; to the Messengers and Door- Messengers &
keepers of the Legislature, three dollars per day each, during the session ; to the Ad- Doorkeepers,
jutant General, twelve hundred dollars per annum, to be paid quarter-yearly; and the General,
sum of fifty thousand dollars to be set apart as a fund for military disbursements, to Military fund
be drawn for by his excellency the Governor, as he may think the public safety and ex-
pedience may require ; to Alexander Greene, eighty dollars, for airine\ scouring:, and Sundry sums
1 y ° 7 °' to individuals,
taking care of the State House, the desks and carpets, in the recess of the Legislature,
and making fires on wet days, &c. ; to Peter Fair, sixty dollars, for winding up the
clock, keeping clean the staircases, passages, &c. ; to John M. Patrick, the sum of
eighty dollars, agreeably to a concurred and approved resolution.
Sect. 4. And be it further enacted, That the sum of ten thousand dollars be, and the Appropriation
1 1 • t ii i i -r» . .. .. f° r the Peni-
same is hereby appropriated toward the completing the Penitentiary building, to be tentiary edi-
drawn by his excellency as he may find necessary.
Sect. 5. And be it further enacted, That the sum of twenty thousand dollars be, and A sum appro-
1 •11 r t ■ f . priated for the
the same is hereby appropriated tor the repayment of that sum which his excellency the repayment of
Governor has been authorized to borrow from the banks of this state ; to be advanced th^Gov^rnor
to the Quarter Master's Department on account of the United States, by a concurred is author ? zed
7 J to negotiate .
resolution of both Houses of the present Legislature; Provided,he should find itneces- proviso.
sary to negotiate a loan in pursuance 6T said resolution.
Sect. 6. And be it further enacted, That the sum of fourteen dollars and thirty Sundry appro-
cents be appropriated to Seth Williams, fifteen dollars and thirty cents to Robert Kelly, Kvlduah;
and six dollars and eighty cents to James Draughda, in full compensation for their seve-
ral services in riding as expresses ; and that the sum of one hundred and thirty-six
dollars, seventeen and a half cents, be, and the same is hereby ordered'to be repaid to
Johnson and Kunzie, that amount being overpaid by them in discharging their taxes to
the state ; to Captain David Clark, two hundred and ten dollars, being the amount ad-
vanced by him for the purchase of a field-piece for the Jefferson County Artillery ;
Provided, that the said piece shall be the property of the state, and subject to the re-
quisitions of the commander in chief.
56
APPROPRIATION ACTS. 18U.
(No. 42.) Sect. 7. And be it further enacted, That the sum of one hundred and seventy thou-
g 170,000 ap- sand dollars be, and the same is hereby set apart, subject to the draft of his excellency
propriated for ... .
the settlement the Governor, to enable him to discount and settle the direct tax of this state, agree-
t ax . ably to a concurred resolution of both branches of the Legislature, with such discount
as the general government may propose.
Assented to, 22d November, 1814.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
JARED IRWIN,
President of the Senate, pro. tern.
PETER EARLY, Governor.
(No. 43.)
AN ACT
To appropriate monies for the political year one thousand eight hundred
and sixteen.
Appropria-
tions for the
year 1816.
For the sala-
ry of the Go-
vernor.
His Secreta-
ries.
Secretary of
State.
Treasurer.
Surveyor
General.
Comptroller
Genei-al.
Clerk of the
House of Re-
presentatives,
and Secretary
ot the Senate.
Judges.
Attorney and
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
for the support of government for the political year one thousand eight hundred and
sixteen, the following sums of money be, and the same are hereby appropriated, viz:
The salary of the Governor shall be two thousand dollars per annum; Secretaries of the
Executive Department, not exceeding two, five hundred dollars each; the Secretary of
State, two hundred dollars; the Treasurer, twelve hundred dollars; the Surveyor
General, five hundred dollars; the Comptroller General, six hundred dollars; the Clerk
of the House of Representatives, three hundred dollars ; the Secretary of the Senate,
three hundred dollars; the Judges of the Superior Courts, fourteen hundred dollars
each; the Attorney General and three Solicitors General, one hundred and fifty dollars
each : Which said several sums, shall be, and the same are hereby appropriated for their
use, to be paid quarter-yearly, by warrant from the Governor on the Treasurer, out
of any money not specially appropriated.
Solicitors General.
Contingent
Fund.
Sect. 2. And be it further enacted, That the sum of sixteen thousand dollars be, and
the same is hereby appropriated as a contingent fund, subject to the orders of the Go-
vernor.
APPROPRIATION ACTS. 1815.
57
Sect. 3. And be it further enacted, That for the compensation of the members of the (No. 43.)
Legislature, three dollars per day during their attendance be appropriated, and the sum ? a ^,°^ em "
of three dollars for every twenty miles in coming to and returning from the seat of Legislature.
government; and. the sum of four dollars each per day to the President of the Senate and President and
r r, • i • i • r Speaker.
Speaker of the House of Representatives, during their attendance ; and the sum of three
dollars each for every twenty miles m coming to and returning from the seat of go-
vernment; to the Clerk of the House of Representatives, and Secretary of the Senate, Clerk and
during the sitting of the Legislature, four dollars each per day ; and the sum of sixty
dollars for contingent expenses, &c; to the two engrossing Clerks, and one assistant Engrossing
• • r Clerks 8cc
Clerk to the House of Representatives, and two engrossing Clerks to the Senate, four '
dollars per day each ; to the Clerk of the committee on finance, and to the Clerk of the clerks of
committee on the state of the Republic, sixty dollars each; to the Messengers and Door- Messengers'
keepers of the Legislature,* three dollars per day each, during the session ; to the Adjutant £ nci Door -
General, twelve hundred dollars per annum, to be paid quarter-yearly ; the sum of fifteen Adjutant
r r ■ ' -t ■ i- General,
thousand dollars to be set apart as a fund for military disbursements, to be drawn for Military Fund.
by his excellency the Governor, as he may think the public safety and expedience may
require; to Alexander Greene, eighty dollars, for airing, scouring and taking care of the To Alexander
State House, the desks and carpets, in the recess of the Legislature, and making fires on p e ter Fair,
wet days ; to Peter Fair, eighty dollars for winding up the clock, keeping clean the stair-
cases, passages, &c. . . -
Sect. 4. And be it further enacted. That the sum of one hundred dollars be appro- glOOforthe
priated for the relief of Elijah Swan, of Lincoln county, agreeably to a concurred reso- swan.
lution ; and that twenty dollars be appropriated as a compensation to W. Y. Hansell, for g20 to the
...... ...'. • - Clerk of the
acting as Clerk to the joint military committee. j i nt military
• . committee.
Sect. 5. And be it further enacted, That the sum of fifty dollars be appropriated to g>50toWm.
William Stroud, agreeably to a concurred resolution ; and the sum of twenty-five thou- $§25,000 for
sand dollars for completing the Penitentiary edifice, agreeably to a concurred resolution, th^re^n'tefi-
subject to be drawn for as the exigencies of the institution may require; the sum of one tiar y-
hundred and ninety-five dollars, eighty-five cents, to James Patterson ; fifty dollars to Sundry sums
Nancy Houghton; and one hundred dollars each to Joel Dixon and Wm. Booth, agree-
ably to concurred resolutions; to John H. Mann, Clerk of Richmond Superior Court,
the sum of s"even dollars, for copying the decision of the Judges of the Superior Courts,
which Was made at Augusta, on the 13th day of January last; to Daniel Newnan, the
sum of five hundred dollars, to be written off his bonds to the state for fractional sur-
veys, agreeably to a concurred resolution.
Sect. 6. And be it further enacted, That the sum of one hundred and eighty-five g 185,000 set
s L - > apart for the
thousand dollars, or so much as will enable his excellency the Governor to settle the settlement of
%
*
58
APPROPRIATION ACTS. 1815.
(No. 43.) direct tax, be, and the same is hereby set apart and appropriated for that purpose, to
the direct be paid out of the debt due by the United States to the state of Georgia, for her
to Wm western lands ; and that the further sum of fifty dollars be appropriated to William
Stroud. Stroud-
tax
glOO to the Sect. 7. And be it further enacted, That the sum of one hundred dollars be, and the
widow and or- t m . .
phans of Mat- same is hereby appropriated to and for the temporary relief of the widow and orphans
kgj. ' of Matthew G. Parker, who was killed at the battle of Autossee.
Appropriation
for the pur-
chase often
field-pieces,
&c.
Sect. 8. And be it further enacted, That the sum of twenty-five thousand dollars,
out of the sum due and owing this state by the United States for the sale of western
lands, be, and the same is hereby set apart, out of which his excellency the Governor
is hereby authorized to contract with the general government for ten brass six pound
field-pieces, and fifteen hundred muskets, bayonets, cartouch boxes, &c. &c.
Assented to, 16th December, 1815.
BENJAMIN WHITAKER,
Speaker of the House of Representatives .
WILLIAM RABUN,
President of the Senate.
D. B. MITCHELL, Governor.
[No. 44.)
AN ACT
To appropriate monies for the political year one thousand eight hundred and
seventeen.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That for the support of government for the political year one thousand eight hun-
dred and seventeen, the following sums of money be, and the same are hereby appro-
For the salary Dr i a ted« viz : The salary of the Governor shall be two thousand dollars per annum : Se-
of the Govern- F ■ -
cretaries of the Executive Department, not exceeding two, five hundred dollars each ;
the Secretary of State, two hundred dollars ; the Treasurer, twelve hundred dollars ;
the Surveyor General, five hundred dollars ; the Comptroller General, six hundred dol-
lars ; the Clerk of the House of Representatives, three hundred dollars ; the Secretary
of the Senate, three hundred dollars ; the Judges of the Superior Courts, fourteen hun-
Surveyor Ge- ■ ° ..'*■■
neral. Comptroller General. Clerk of the House of Rep. and Secretary of the Senate. Judges.
Appropria-
tions for the
year 1817.
or.
His Secreta-
ries.
Secretary of
State.
Treasurer.
ik
APPROPRIATION ACTS. 1816. 59
dred dollars each; the Attorney General, and three Solicitors General, one hundred (No. 44.)
and fifty dollars each ; which said several sums shall be, and they are hereby appro- g^S and
priated for their use, to be paid quarter-yearly, by warrant from the Governor on the General.
Treasurer, out of any monies not specially appropriated.
Sect. 2. And be it further enacted, That the sum of sixteen thousand dollars be, contingent
and the same is hereby appropriated as a contingent fund, subject to the orders of the und -
Governor. - /
Sect. 3. And be it further enacted, That for the compensation of the members of the p a y of mem-
Legislature, three dollars each per day during their attendance be appropriated, and J^ure. 6
the sum of three dollars for every twenty miles in coming to and returning from the
seat of government ; and the sum of four dollars each per day, to the President of the p res ident and
Senate and Speaker of the House of Representatives, during their attendance, and the s P eaker -
sum of three- dollars each for every twenty miles in coming to and returning from the
seat of government ; to the .Clerk of the House of Representatives and Secretary of the Clerk andSe-
Senate, during the sitting of the Legislature, four dollars each per day, and the sum of
sixty dollars each for contingent expenses, &c. ; to the two engrossing Clerks and one En^rossin^
assistant Clerk to the House of Representatives, and two engrossing Clerks to the Se- c l er ^ s > & c «
nate, four dollars each per day; to ihc Clerk of the committee on finance, and the Clerks to conv
Clerk to the committee on the state of the Republic, sixty dollars each ; to the Messen-
- v Messengers
gers and Doorkeepers of the Legislature, three dollars per day each, during the ses- anddoorkeep
crs.
sion ; to the Adjutant General, twelve hundred dollars, to be paid quarter-yearly; the .,'. G
sum of fifteen thousand dollars to be set apart as a fund for military disbursements, to neral -
be drawn for by his excellency the Governor, as he may think the public safety and
expediency may require ; to Alexander Greene, eighty dollars for airing, scouring, and To Alexander
taking care of the State House, the desks and carpets, in the recess of the Legislature,
andmaking fires on wet days ; to Peter Fair, eighty dollars for winding up the clock, andPeterFair.
keeping clean the staircases, passages, &c. .
Sect. 4. . And be it further enacted. That the sum of one hundred thousand dollars, Appropriation
*" * 'foi* I'll p set tlfi-
or so much as will enable his excellency the Governor to settle the fourth direct tax, men tofthe
if required, be, and the same is hereby set apart and appropriated for that purpose, to 4th direct tax
be paid out of the r debt due by the United States to the state of Georgia, for her wes-
tern lands.
Sect. 5. And be it further enacted, That the sum of six hundred thousand dollars Appropriation
for tllC D21V-
be, and the same is hereby appropriated, for the purpose of paying the State's subscrip- me nt of the
I 2 1 |fc*
60
APPROPRIATION ACTS. 1816.
tion to the Bank of the State of Georgia; and the sum of twenty-nine thousand dollars
for the purpose of completing that part of the Penitentiary already begun, and having
the same finished for the reception of convicts ; and the sum of three thousand dollars,
or so much thereof as may be necessary, to pay for the public printing during the political
year 1817, and the sum of two thousand two hundred dollars to pay Adam and Duy-
kinck, for printing and binding Clayton's Digest: and one hundred dollars to Joseph
Nichols of Putnam county, agreeably to a concurred resolution.
(No. 44.)
State's sub-
scription to
the State
Bank.
"§29,000 for-
completing'
the Peniten-
tiary.
Printing.
Adam and
Duykinck.
Appropriation
for the relief
of the widows
and orphans of
certain de-
ceased sol-
diers.
What to be
done by ap-
plicants.
Sect. 6. And be it further enacted, That the sum of ten thousand dollars be, and
the same is bereby appropriated and set apart, under the direction of his excellency the
Governor, to be equally divided between all the widows and children (say children un-
der fourteen years of age) of those persons, citizens of this state, who were killed or
died in the service of this state, or the United States, during the late war between the
United States and Great Britain and the Creek Indians ; — the applicants to produce a
certificate from the captain, if to be found, if not, by the next highest in command, un-
der whom the deceased person served, or two justices of the peace of the county, that
they were killed or died in the service, and an affidavit of credible witnesses of the
number of children, their age, &c. of each - deceased ;■ — the evidences to be laid before
his excellency- the Governor, on or before the first day of May next. Provided never-
theless, that not more than ten dollars be given to any one individual.
Appropriation
to enable the
Governor to
secure certain
shares in the
State Bank,
&c.
Sundry sums
to individuals.
Sect. 7. , And he it further enacted, That the sum of six thousand nine hundred
dollars be, and the same is hereby appropriated, under the direction of his excellency
the Governor, to enable him to secure the shares subscribed for in the Bank of Georgia,
by the commissioners of the Oconee navigation, and also to purchase one negro man.
Said shares to be inalienable by said commissioners, and at the disposition of the Gene-
ral Assembly, whenever they may think proper to resume the same, and convert it to
the improvement of the navigation of other rivers, agreeable to a concurred resolution.
Also, the sum of ten dollars two and a half cents to Wilson Williams, of Wilkinson
county, agreeable to a concurred resolution ; also, the sum of fifty dollars to William
Stroud, of Jasper county, agreeably to a concurred resolution of both branches of the
Legislature ; and the sum of twenty dollars to Abraham Mallet, sheriff of Effingham
county, agreeable to a concurred resolution.
Assented to, 19th December, 1816.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate,
D, B. MITCHELL, Governor
APPROPRIATION ACTS. 1817. 61
AN ACT ( No - 45
To appropriate monies for the political year 1818.
..Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same That for the support of government for the political year one thousand eight Appropria-
' rr •>.■. ^ ' . tions for the
hundred and eighteen, the following sums of money be, and they are hereby appropn- yea r 1818.
priated, viz : The salary of his excellency the Governor shall be two thousand dollars Governor's
per annum ; Secretaries of the Executive Department, not exceeding two, eight hundred His Secreta-
- rics.
dollars each ; the Secretary of State, two hundred dollars ; the Treasurer, twelve hun- secretary of
dred dollars ; the Surveyor General, five hundred dollars ; the Comptroller General, Tourer.
eight hundred dollars ; the Clerk of the House of Representatives, four hundred dol- ^JJJjJJ*
lars ; the Secretary of Senate, four hundred dollars ; the Judges of the Superior Courts, Comptroller.
• . . _ Clerk of the
fourteen hundred dollars each ; the Attorney General and three Solicitors General, one House of Rep.
hundred and fifty dollars each ; which said several sums shall be, and they are hereby *J theSeSrtZ
appropriated, for their use, to be paid quarter-yearly, by warrant from the Governor on J ^^ e d
the Treasurer, out of any money not specially appropriated. Solicitors
Sect. 2. And be it further enacted, That the sum of thirty thousand dollars be, and Contingent
• • i_ fund,
the same is hereby appropriated and set apart as a contingent fund, subject to the orders
of the Governor.
Sect. 3. And be it further enacted, That for the compensation of the members of Pay of mem-
. . bers of the
the Legislature, three dollars each per day during their attendance be appropriated, and Legislature.
the sum of three dollars for every twenty miles in coming to and returning from the
seat of government ; and the sum of four dollars each per day, to the President of the President and
. . Speaker.
Senate, and Speaker of the House of Representatives, during their attendance, and the
sum of three dollars each for every twenty miles in coming to and returning from the
seat of government ; to the Clerk of the House of Representatives and Secretary of Clerk and
. r Secretary^
Senate, during the sitting of the Legislature, four dollars each per day, and the sum of
sixty dollars for contingent expenses each ; to the two engrossing Clerks, and an assis- Engrossing
V^lCrivS) CtC a
tant Clerk to the House of Representatives, and two engrossing Clerks to the Senate,
four dollars each per day ; to the Clerk of the committee on finance, and the Clerk to Klerks of
the committee on the state of the Republic, sixty dollars each ; to the Messengers and Messengers &
Doorkeepers of. the Legislature, three dollars per day each during the session ; to the
Adjutant General, twelve hundred dollars, to be paid quarter-yearly ; to Alexander Adjutant
Greene, one hundred dollars, for airing, scouring, and taking care of the State House, Alex. Greene;
desks, and carpets, in the recess of the Legislature, and making fires on wet days ; to
6"2
APPROPRIATION ACTS. 1817.
(No. 45.) Peter Fair, one hundred dollars, for winding up the clock, keeping clean the staircases,
And Peter passages, &c. ; to John G. Bird, Clerk to the joint committee on the penal code, adapted
to the penitentiary system, the sum of thirty-five dollars.
Appropriation
for taking the
4th census of
the state,
And for com-
pleting" the
Penitentiary.
Proviso.
Sect. 4. And be it further enacted, That the sum of four thousand two hundred dol-
lars be, and the same is hereby appropriated and set apart, as a fund for the purpose of
defraying the expense of taking the fourth census of this state, in terms of the consti-
tution ; and the sum of thirty thousand dollars be, and the same is hereby appropriated
for the completing the Penitentiary edifice and its appertenances ; and his excellency
the Governor is hereby authorized to draw warrants on the Treasurer for that amount,
whenever the same may be completed, or whenever the commissioners of the Peniten-
tiary shall signify to his excellency, that in their opinion it is proper to pay over to the
contractors said amount, in part or in whole : Provided, it shall satisfactorily appear to
the Governor, that the said work has been duly executed.
Appropria- Sect. 5. And be it further enacted, That the sum of ninety dollars be appropriated, to
Riley; William Riley, and the sum of eighty dollars to John Leslie, agreeably to a concurred
John Leslie; reso i ution .
ft'
» Sect. 6. And be it further enacted, That the Clerk of the House of Representatives
And others. be, and he is hereby authorized to employ a clerk to enrol the penal code, and that he
be allowed thirty-five dollars for his services ; and the further sum of eight hundred
and seventy-five dollars to Henry and N. G. Robinson, agreeably to a concurred reso-
lution ; to William Stroud, of Jasper county, one hundred ^dollars as- a temporary relief;
to Joseph Nichols, of Putnam county, one hundred dollars ; and to Samuel Gibson one
hundred dollars.
Governor to
have certain
individuals
placed on the
pension list of
the general
government.
Sect. 7. And be it further enacted, That his excellency the Governor be requested to
cause the said William Stroud, Joseph Nichols, and Samuel Gibson, to be placed on the
pension list of the general government ; and all other persons in this state, similarly
situated, are requested to furnish his excellency the proper vouchers to enable him to
have them all placed on the pension list of the United States, and on failure so to do 5
no further provision will be made for them.
Appropriation Sect. 8. And be it further enacted, That the sum of two thousand dollars be, and it is
for the rehef nereD y appropriated, subject to the drafts of his excellency the Governor, for the pur-
and orphans pose of affording relief to such widows and orphans of citizens of this state, who fell
of certain sol- . i • . r • - » *
diers. during the late war, as have not hitherto received the relief intended by the Legislature,
and the widows and orphans of such soldiers who may have died, after being discharged.,
APPROPRIATION ACTS. 1817,
63
from any disease or wounds they may have received or contracted while in service as (No. 45.)
aforesaid. . '
Sect. 9. And be it further enacted, Tnat the sum of forty dollars be appropriated to, Sundry sums
and in favour of, the widow and orphans of John Crawford ; and that the sum of twenty <j ows an( j or „
dollars be appropriated to, and in favor of, the widow and orphans of Reuben Coffee ; P hans °
and that the sum of ten dollars be appropriated to, and in favor of, the widow of Jacob
Brown ; and that the sum of thirty dollars be appropriated to Milley Edwards and her
two children, the heirs and widow of Jacob Edwards, deceased : Provided nevertheless, Provi.se,
that no widow or orphan that has heretofore received any compensation, as such, under
any law, nor under any provision that may hereafter be made in favour of such widow
and orphans as have now been provided for, or who have heretofore received compen-
sation as such from this state. '
Sect. 10. And be it further enacted, That the sum of five thousand dollars be, and the Appropriation
same be appropriated, subject to the drafts of the Governor, for paying the officer and plmtYntifry 6
the guard of the Penitentiary, and to defray the expense of bringing convicts to the fSerf&ei
Penitentiary.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 19th December, 1817.
WILLIAM RABUN, Governor,
64
APPROPRIATION ACTS. 1818.
(No. 46.)
Appropria-
tions for the
year 1819.
Salary of* the
Governor.
His Secreta-
ries.
Secretary of
State.
Treasurer.
Surveyor
.General.
Jdlerk of the
House of Re-
presentatives
and Secretary
of the Senate.
Judges.
Attorney and
Solicitors Ge-
neral.
Contingent
fund.
AN ACT
m
To appropriate monies for the political year 1819.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geoi~~
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That for
the political year one thousand eight hundred and nineteen, the following sums of money
be, and the same are hereby appropriated, viz : The salary of his excellency the Gover-
nor, shall be two thousand dollars per annum ; Secretaries of the Governor, not exceeding-
two, one thousand dollars per annum ; the Secretary of State, two hundred dollars ; the
Treasurer, twelve hundred dollars ; the Surveyor General, five hundred dollars ; the Comp-
troller General, eight hundred dollars ; the Clerk of the House of Representatives, six
hundred dollars ; the Secretary of the Senate, six hundred dollars ; the Judges of the
Superior Courts, fourteen hundred dollars each ; the Attorney General and three Solici-
tors General, one hundred and fifty dollars each : Which said several sums shall be, and
they are hereby appropriated for their use, to be paid quarter-yearly by warrant from
the Governor on the Treasurer, out of any money not specially appropriated.
Sect. 2. And be it further enacted, That the sum of thirty thousand dollars be, and
the same is hereby appropriated and set apart as a contingent fund, and two hundred
thousand dollars as a land fund, subject to the orders of the Governor.
Pay of mem-
bers of the
Legislature.
President and
Speaker.
Clerk and Se-
cretary.
Engrossing
Clerks, &c.
Clerks of com-
mittees.
Messengers &
Door-keepers.
Adjutant Ge-
neral.
Alex. Greene;
Sect. 3. And be it further enacted, That for the compensation of the members of
the Legislature, five dollars each per day during their attendance be appropriated, and
the sum of five dollars for every twenty miles in coming to and going from the seat of
government ; and the sum of seven dollars each per day to the President of the Senate
and Speaker of the House of Representatives during their attendance, and the sum of
five dollars each for every twenty miles in coming to, and going from the seat of go-
vernment ; to the Clerk of the House of Representatives and Secretary of the Senate,
during the sitting of the Legislature, six dollars each per day, and the sum of sixty dol-
lars for contingent expenses each ; to the two engrossing Clerks and an assistant Clerk
in the House of Representatives, and two engrossing Clerks in the Senate, six dollars
each per day ; to the Clerk of the committee on finance, and the Clerk of the com-
mittee on the state of the Republic, eighty dollars each ; to the Messengers and Door-
keepers of the Legislature, five dollars each per day during the session ; to the Adju-
tant General, eighteen hundred dollars, to be paid quarter-yearly ; to Alexander Greene,
one hundred and twenty-five dollars, for airing, scouring, and taking care of the State
House, desks and carpets, in the recess of the Legislature, and making fires on wet days;
APPROPRIATION ACTS. 1818.
65
to Peter Fair, one hundred and twenty-five dollars for winding up the clock, keeping (No. 46.)
clean the staircases, passages, &c. An . d Peter
Sect. 4. And be it further enacted, That the sum of twenty-five thousand dollars g25000appro-
iii -Li <tri r •• •/- priated to the
be, and the same is hereby appropriated, for the completing of the Penitentiary edifice, Penitentiary.
and its appertenances, and his excellency the Governor is hereby authorized to draw
warrants on the treasury for that amount, whenever the same may be completed, or
whenever the commissioners of the Penitentiary shall signify to his excellency, that in
their opinion it is proper to pay over to the contractors said amount in part or in whole :
Provided, it shall satisfactorily appear to the Governor, that the said work has been duly Proviso.
executed ; the sum of one hundred dollars per year for each of the commissioners of
the Penitentiary.
Sect. 5. And be it further enacted, That the following sums of money be appro- f™ d ^S s
priated to the persons, and for the purposes hereinafter mentioned, viz : The sum of
eight dollars to the Clerk of the House of Representatives, to remunerate him for em-
ploying an extra clerk, to copy the land bill, to be printed for the use of the members of
the House, in pursuance of its order ; the sum of fourteen dollars and sixty-two and a
half cents to James Lindsey, it being the balance, due him for taking the census of Wil-
kinson county; the sum of fifty dollars to Franklin C. Heard, clerk to the joint military
committee ] to John Burch, clerk of the joint land committee, the sum of forty dollars ;
and fifty dollars to Daniel Sturgess for drawing maps, for the use of the Legislature, of
the lands acquired from the Creek and Cherokee Indians.
Sect. 6. And be it further enacted, That one hundred and twenty-five thousand dol- Appropriation
lars be, and the same is hereby appropriated, to pay the first instalment in the Bank of fi^stmstalmerft
Darien. m tne Darien
Bank.
Sect. 7. And be it further enacted, That five thousand dollars shall be, and the same Also for the
is hereby appropriated, for the further improvement of the river Altamaha, to be ex- tfSTri^f
pended in the improvement of said river, in such manner as the commissioners of said Altamaha -
river, or a majority of them, shall think most advantageous ; to Abner Lockett the sum Sundry sums
of eighty dollars, agreeably to a concurred resolution ; and that fifty dollars be appro- t0 individuals °
priated to James Barbur, for his attention and nursing Solomon Kid, as was agreed to
by concurred resolution; to Thomas Woodward and James C. Watson, five hundred
dollars, for arresting and bringing to justice Jesse Trawick, who had escaped from Pu-
K
66
APPROPRIATION LAWS. 1818.
(No. 46.) laski jail, when charged with the crime of murder, agreeably to concurred resolution :
Which said several sums are hereby appropriated out of any monies in the treasury not
otherwise appropriated .
Assented to, 19th December, 1818.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate \
WILLIAM RABUN, Governor.
(No. 47.)
AN ACT
To appropriate Monies for the political year eighteen hundred and twenty.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
for the support of government for the political year one thousand eight hundred and
twenty, the following sums of money be, and they are hereby appropriated, viz : The salary
of his excellency the Governor shall be three thousand dollars per annum ; Secretaries
of the Governor, not exceeding three, one thousand dollars each per annum ; the Secre-
tary of State, two hundred and fifty dollars ; the Treasurer, fifteen hundred dollars; the
Surveyor General, five hundred dollars ; the Comptroller General, one thousand dollars ;
the Clerk of the House of Representatives, six hundred dollars ; the Secretary of the
Senate, six hundred dollars ; the Judges of the Superior Courts, twenty-one hundred
dollars each ; the Attorney General and five Solicitors General, two hundred and twen-
ty-five dollars each : Which said several sums shall be, and they are hereby appropriated
for their use, to be paid quarter-yearly, by warrant from the Governor on the Treasurer,
out of any money not specially appropriated.
Pay of mem- Sect. 2. And be it further enacted, That for the compensation of the members of the
Legislature Legislature, four dollars each per day, during their attendance, be appropriated, and the
sum of four dollars for every twenty miles in eoming to and going from the seat of go-
President and vernment ; and the sum of six dollars each per day, to the President of the Senate and
Speaker. Speaker of the House of Representatives, during their attendance, and the sum of four
dollars each for every twenty miles in coming to, and going from, the seat of govern-
Clerk and ment j to the Clerk of the House of Representatives, and Secretary of the Senate, dur-
ing the sitting of the Legislature, six dollars each per day, and the sum of sixty dollars
Appropria-
tions for the
year 1820.
Salary of the
Governor.
His Secreta-
ries.
Secretary of
State.
Treasurer.
Surveyor
General.
Comptroller.
Clerk of the
House of Re-
presentatives.
Secretary of
the Senate.
Judges.
Attorney and
Solicitors Ge-
neral.
•
APPROPRIATION ACTS. 1819,
67
for contingent expenses each; to the two engrossing Clerks and an assistant Clerk in the
House of Representatives, and two engrossing Clerks in the Senate, six dollars each per
day ; to the Clerk of the committee on finance, and the Clerk of the committee on
the state of the Republic, eighty dollars each ; to the Messengers and Doorkeepers of
the Legislature, four dollars each per day, during the session ; to the Adjutant General,
eighteen hundred dollars, to be paid quarter-yearly ; to Alexander Greene, one hundred
and twenty-five dollars, for airing, scouring, and taking care of the State House, desks,
and carpets, in the recess of the Legislature, and making fires on wet days ; to Peter
Fair, one hundred and twenty-five dollars, for winding up the clock, keeping clean the
staircases, passages, &c.
(No. 47.)
Engrossing
Clerks, &c.
Clerks to
Committees.
Messengers
and Door-
keepers.
Adjutant
General.
Alex. Greene.
Peter Fair,
Sect. 3. Be it further enacted, That the sum of fifty thousand dollars be, and the same
is hereby appropriated and set apart as a contingent fund, subject to the orders of the
• Governor.
Contingent
Fund.
Sect. 4. And be it further enacted, That the Governor be, and he is hereby authorized 5 per cent, al-
and required to draw his warrant on the Treasurer, in favour of the executors of Col. executors of
Bedney Franklin, for the sum of five per centum on the amount actually collected and ©n theam^t
paid into the treasury by said Colonel Bedney Franklin, or by any other person for him, £ fl T? ne ^ paid
which shall be in full of his services as to the amount paid into the treasury, and until any person for
a final settlement with the Treasurer of this state, on account of bonds received by the treasury,
said deceased for collection.
Sect. 5. And be it further enacted by the authority aforesaid, That the following sums
be, and they are hereby appropriated, viz. to Abraham P. Jones, the sum of four hun-
dred and sixty dollars, agreeably to a concurred resolution ; to Thomas M. Bradford,
thirteen hundred and seventy-five dollars, agreeably to a concurred resolution, and the
sum of two hundred dollars to the honourable John M. Dooly, and fifty dollars to
Duncan G. Campbell, in pursuance of a concurred resolution j also the sum of two
thousand dollars for the purpose of erecting a grammar school-house at Athens, in
pursuance of a concurred resolution ; to Caty Thrift, widow of William Thrift, and her
three children, the sum of ten dollars each, agreeably to a concurred resolution ; and
that the sum of one hundred dollars be, and the same is hereby appropriated, to and for
the use of Martha Lyon and her nine children, widow and orphans of John Lyon, late
of Elbert county, deceased, agreeable to a concurred resolution of both branches of the
General Assembly ; to Messrs. Camak and Hines, seventy dollars for extra printing,
agreeable to a concurred resolution ; to Daniel Sturgess, ten dollars for drawing the map
of the late acquired territory, for the information of the land committee ; to Joseph
Cook, two hundred dollars, agreeable to a concurred resolution ; and four thousand
K 2
Sundry sums
to individuals,
named in this
section.
§2000 appro-
priated for
erecting a
grammar
school-house
at Athens,
68
APPROPRIATION ACTS. 1819.
(No. 47.)
Penitentiary
appropriation.
The house and
lot occupied
by tne Go-
vernor, to be
repaired.
dollars to close the accounts of the building commissioners of the Penitentiary, it being
a sum that has been heretofore appropriated, but drawn for other purposes; to A. Sum-
mers, jailor of Twiggs county, the sum of seventeen dollars sixty-two and a half cents,
for apprehending and bringing to jail the body of Henry GofF, and attending the pro-
secution and imprisonment of said GofF; and a sufficient sum to provide for the neces-
sary improvements and repairs on the house and lot owned by the state, and occupied
by the Governor, to be drawn for by the Governor, out of the contingent fund for that
object: Which said several sums are appropriated out of any monies in the treasury,
not otherwise appropriated.
Assented to, 20th December, 1819.
DAVID ADAMS,
speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
JOHN CLARK, Governor.
■
[ 69 ]
ATTACHMENTS.
AN ACT*
To amend an act, entitled " An act to regulate Attachments in this State/ 3 passed
the ISth day of February, 1799.
WHEREAS the above recited act has been found by experience to be inadequate to Preamble,
the complete effectuation of the purposes intended, and to require amendment:
BE it therefore enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That where any sheriff or constable shall levy any attachment on personal pro- Claims to per-
sonal proper-
perty, claimed by any person not a party to such attachment, such person, his agent or ty attached,
attorney, shall make oath to such property : and it shall be the duty of such sheriff or returned and
constable to return the fact of such claim to the court to which the attachment shall be tned -
made returnable ; and such court shall cause an issue to be joined between the plaintiff
and such claimant, and the right of property to be decided on by a jury at the same
term, unless sufficient cause be shown to induce the court to continue the same : Pro- Proviso.
vided, the person claiming such property, his agent, or attorney, shall give bond, (to the claimant, his
sheriff or constable serving such attachment,) with security in a sum equal to the amount n | to ~ ive
of such attachment, conditioned to pay to the plaintiff all damages which the jury, on boi Vjf and se "
the trial of the right of property, may assess against such claimant, in case it should
appear that such claim was made for the purpose of delay. An^every juror on the jurors, how-
trial of such claim shall be sworn, in addition to the oath usually administered, to give cases<
such damages as may seem reasonable and just to the plaintiff against the claimant^ in
case it shall be sufficiently shown that such claim was intended for the purpose of delay
only : and it shall be lawful for the plaintiff to enter up judgment, and have execution Jugdment,
* See the act following this ; which authorizes the issuing 1 of attachments when the debt is not due, &c.
70
ATTACHMENTS. 1814.
(No. 48.) against such claimant, for the amount of such verdict; and where the jury shall find
the property not subject to the attachment, the claimant may enter up judgment, and
have execution against the plaintiff for the costs by him incurred in establishing his claim.
Land not sub-
ject to attach-
ments issuing,
&c. out of the
county in
which it lies.
Claims to land
attached, re-
gulated.
Sect. 2. And be it further enacted by the authority aforesaid, That land or real
estate shall not be subject to be attached under or by virtue of any attachment issuing
and returnable out of the county in which such land is situate : and in all cases of
claims to land, levied on by virtue of any attachment, the proceedings shall be the same
as those pointed out by the preceding section for claims to other property ; except that
such claim shall be returned to, and tried in the Superior Court of the county where the
land is situate.
A garnishee
not compelled
to answer out
of the county
in which he
lived, when
the attach-
ment was
served.
Bonds, notes,
&c. of the ab-
sent debtor,
in the hands
of the gar-
nishee, how
disposed of.
In what man-
ner the evi-
dence of a
debt returned
by a garnishee
shall be dis-
posed of,
when it ex-
ceeds the
plaintiff's de-
mand, and
cannot be
divided.
No attachment
shall abate by
the death of
either party,
where the
cause of ac-
tion would
survive.
When a plain-
tiff in attach -
Sect. 3. And be it further enacted by the authority aforesaid, That no person who
may be summoned. as garnishee, shall be compelled to answer to any attachment out of
the county in which such garnishee lived at the time of serving such attachment ; and
where any garnishee shall return that he has in his hands a note or notes, bond or
bonds, or other evidences of debt belonging to the absent debtor, the same shall be
forthwith deposited with the clerk of the court in which the attachment is pending, sub-
ject to the order of said court; and after the plaintiif shall have established his demand
against the absent debtor, the court may in its discretion direct the clerk- to deliver to
the plaintiff in such attachment, his agent or attorney, such note or notes, bond or
bonds, or other evidence of debt, or so much thereof as will be sufficient to discharge
the amount of the demand, which the plaintiff shall have established against the defen-
dant, taking a receipt therefor, which receipt shall be filed with the papers appertaining
to such attachment, and shall be considered as a payment to that amount, unless the
plaintiff shall make it appear that after due diligence used by him he was unable to col-
lect the amount ; and where the evidence so deposited is of a debt greater than the
plaintiff's demand, and will not admit of division, the court shall order the same to be
sued for, in such manner as will, in their discretion, best ensure recovery ; and the mo-
ney when collected to be deposited with the clerk of the court in which the attachment
pended, a part to be applied to the discharge of the amount due the attaching creditor,
the balance to remain subject to the future order of said court.
Sect. 4. And be it further enacted by the authority aforesaid, That no suit, by way
of attachment, shall abate by the death of either party, where the cause of action would
survive to the executor Or administrator, but such death being suggested on the record,
the cause shall proceed, under the Restrictions and regulations following : when a
plaintiff in attachment shall die, the executor or administrator of such plaintiff
shall, within six months after the probate of the will, and obtaining letters
testamentary, or obtaining letters of administration, cause to be issued by the
■
ATTACHMENTS. 1814,
71
clerk of the court in which such attachment is pending, a scire facias, returnable to the
next term of the said court, giving notice of his intention to become a party in the place
and stead of the deceased testator or intestate, which shall be published at the door of
the court-house, in the county in which such attachment is pending, by the sheriff of
said county, at least twenty days prior to the term at which such scire facias is made
returnable ; which being done, such executor or administrator may, on motion, be made
party plaintiff, and the cause proceed ; and where the defendant shall die, scire facias
shall issue in manner aforesaid, immediately after the expiration of twelve months,
which scire facias shall contain a notice to the legal representatives of the defendant,
whether executor or administrator, of the pendency of such attachment, and of the in-
tention of the plaintiff to proceed with the same ; which being published in like man-
ner, it shall be lawful for the plaintiff to proceed with his attachment, as if such death
had not taken place : Provided nevertheless, that the executor or administrator of the
defendant may appear at the return of the scire facias, and upon giving security in
terms of the act to which this is amendatory, shall be permitted to plead and defend the
said attachment, in the same manner that his testator or intestate might have done.
(No. 48.)
ment shall die*
parties, how
and when
made.
Parties, how
and when
made, when
the defendant
shall die.
Proviso.
Sect. 5. And be it further enacted by the authority aforesaid, That in cases of at- How parties
tachments pending injustices' courts, where either party shall die, such attachment j n justices'
shall not abate, but a notice of the intention of the representatives of the plaintiff, c ? urts > when
1 r , ■■■/ either party
whether executor or administrator, to proceed, being published at the house where such to an attach-
ltiii r i r • ment shall die.
justices courts are holden, by the constable of the district, ten days before the time at
which parties are to be made, such parties shall therefore be made, and the cause
proceed.
Sect. 6. And be it further enacted by the authority aforesaid, That where any wit- Interrogato-
ness resides out of this state, or out of the county in which any attachment may be ^nd regulated
pending, and in which his testimony may be required, it shall be lawful for the plaintiff, in attachment
on filing interrogatories in the office of the clerk of the court where such attachment is witness lives
.. i i t i • ■• 1 i r i , ~ out of the state
pending, and publishing a notice at the door of the court-house of said county,' that or county.
such interrogatories are filed, to obtain a commission in like manner as is prescribed by
the 23d section of the Judiciary Act of 1799, for taking testimony in other cases.
Sect. 7. And be it further enacted by the authority aforesaid, That in all cases the The attach-
attachment first served shall be first satisfied. ment first
served, first
satisfied.
Sect. 8. And be it further enacted by the authority aforesaid, That no lien shall No lien creat-
u j u i i • r i ed to the ex-
be created by the levying of an attachment, to the exclusion of any judgment obtained elusion of old
by any creditor, before judgment is obtained by the attaching creditor, er gjajpaents,
72
ATTACHMENTS. 18 14.
(No. 48.) Sect. 9. And be it further enacted by the authority aforesaid, That so much of the
Repealing- before recited act as may be repugnant to this act, be, and the same is hereby re-
clause. , .
pealed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
JARED IRWIN,
President of the Senate, pro tern.
Assented to, 22d November, 1814.
PETER EARLY, Governor,
(No. 49.)
AN ACT
In addition to, and amendatory of, An act to regulate Attachments in this
State.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Property at- Georgia, in General Assembly met, and by the authority of the same, That every at-
tached maybe , ^
restored to the tachment hereafter sued out, the property attached may be restored to the person or
on his giving persons against whom the attachment may have issued, upon the defendant or defen-
security in dants giving good and sufficient security to the officer serving the said attachment, in
debt, &c. double the debt or demand for which the said attachment may have been issued and
Or defendant granted ; or the said defendant or defendants may file his, her, or their defence, to the
defence to the petition or declaration of the attaching creditor or creditors, and enter into the same
declaration. defence as if the property attached had been replevied.
Attachment Sect. 2. And be it further enacted, That when a debt is not due, and the debtor or
cemhicases debtors is or are removing, or is or are about to remove without the limits of this
when a debt is s tate, and oath being made by the creditor, his agent or attorney, of the amount of the
debt to become due, and the debtor or debtors is or are removing, or about to remove
without the limits of this state, an attachment may issue against the property of such
debtor, or debtors ; but the defendant may relieve his property by giving to the credi-
tor good security to pay the money when due, and cost.
ATTACHMENTS. 1816. 73
Sect. 3, And be it further enacted by the authority aforesaid, That in all cases (No. 49.)
where an attachment may issue against any person absent, that on the trial of the same 4/ rien *? of an
any person may act as a friend, give good special bail, and by himself or attorney, may give spe-
plead and defend the suit in the same manner as though the defendant was personally defend any at-
, j •, 1 • ir tachment a-
present and do it himself. &ainst tUm
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 18th December, 1816.
D. B. MITCHELL, Governor.
[ 74 ]
BANKS, INCORPORATED.
AN ACT
To amend " An act to incorporate the Planters' Bank of the State of Georgia, and
for other purposes," passed the 19th day of December, 1810, also to provide
against embezzlement and forgeries.
Preamble. WHEREAS, subscribers to the Planters' Bank of the state of Georgia, and others
interested in the welfare of said bank, by their petition pray, that the charter of the
said bank be so amended, as to make it more useful to the public, and with greater
facility carried into execution: And whereas the amendments proposed in the said peti-
tion will forward the establishment and operations of the said institution ;
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
Capital stock, same, That the capital stock of the said bank shall be one million of dollars, to be
1000 shares divided into ten thousand shares of one hundred dollars each ; of which one thousand
the state shares shall be reserved until the first day of January, one thousand eight hundred and
thirteen, on the original terms, then, or at any prior time to be taken by the state, ac-
If taken, the cording to the pleasure of the legislature ; whereby the state, at any subsequent election,
to appoint two sna ^ De entitled to the appointment of two directors ; and if they be not then taken by
directors. t ^ e s t a te, to be disposed of in manner herein after provided.
Capital stock
and property
of the bank
subject to tax-
ation.
Proviso.
Sect. 2. And be it further enacted by the authority aforesaid, That the capital stock
of the said bank, and every other property, real or personal, which it may hereafter
acquire and hold, shall be subject to a taxation not exceeding the ratio of other taxable
property in this state; Provided, the corporation of the city of Savannah shall not have
the power to tax said bank stock, but may tax any property, real or personal, which said
bank may acquire, in the ratio of taxation against the like property in the said city.
BANKS, INCORPORATED. 1811. 75
Sect. 3. And be it further enacted by the authority aforesaid, That the subscription (No. 50.)
already opened in the city of Savannah, shall continue until the first day of December* nowoDened*
next, under the superintendance of the present commissioners, to wit, Charles Harris, in Savannah,
' r ... sha11 continue
John Bolton, James Johnston, Edward Swarbrick, William B. Bulloch, John Caig, until the 1st
of December
George Anderson, Edward Stebbins, John P. Williamson, Ebenezer Stark, William nextj under
Mein, John M. Berrien, Andrew Lowe, John dimming, and Zachariah Miller, a majo- tendance™"/
rity of whom shall be competent to the discharge of their duties ; until which day it ce . r tam com
J x • J missioners.
shall and may be lawful for any person or copartnership, being citizens of the United ^ majority
States, corporation, or body politic, to subscribe for any number of shares, not exceed- competent
ing one hundred, except as provided aforesaid in relation to the state : Provided, that if who maysub-
the whole number of shares be not taken up on or before the first day of December wliat num ber
next, then, and in that case, it shall and may bo lawful fur any person or copartnership, °* snaves rna y
r r be subscribed
being citizens of the United States, corporation, or body politic established in the United for.
States, to subscribe for any number of shares, unsubscribed for as aforesaid, and the ProviS() -
sums to be respectively subscribed for shall be payable in manner following, viz. ten how payable.
per cent, at the time of subscribing, and twenty per cent, on or before the first day of
January next ensuing the said subscription, and the balance of the sums so subscribed
at such time as the same shall be required by the directors : Provided, that sixty days Proviso.
previous notice of the time at which such payment is required to be made, be given
in the gazettes at the city of Savannah.
Sect. 4. And be it further enacted by the authority aforesaid, That the present stock- Present stock-
holders, who have heretofore subscribed for shares, and paid ten per cent, at the time of haVVpaid 1°0
subscribing, shall, upon thirty days notice given by the 'commissioners, and published P, er c . entl a *
in the gazettes of Savannah, be required to pay the further sum of twenty per cent, upon subscribing-,
, , r 1 mi required to
the sum betore subscribed. pay 20 per
cent, more up-
on the sum before subscribed for, upon 30 days notice being- given.
Sect. 5. And be it further enacted by the authority aforesaid, That the stock which
shall remain unsubscribed for, or the instalments which shall remain unpaid on the day
appointed for the election of directors, such stock shall thereafter be disposed of, or
such further instalment be called in by such persons, at such time, and under such regu-
lations as to payment of instalments, or number of shares to be subscribed for on the
* See the act following this; which limits the time of keeping open said subscriptions, until the 25th of the
(then) present month,
L 2
76 BANKS, INCORPORATED. 1811.
(No. 50.) unsold stock by any one person, copartnership or body politic, as shall be ordered and
published by the said directors.
Persons fail- Sect. 6. And be it further enacted by the authority aforesaid, That if there shall be a
sum reqiured^ failure m tne payment of any sum to be paid by any person, copartnership, or body poli-
by this act, or tic, when the same is required to be paid by this act, or when it shall be required to be
by the direc- ] n .■-.".
tors, shall for- paid by the directors, the share or shares upon which such failure shall happen or ac-
feit their
shares. crue, shall be for such failure forfeited, and may be again sold and disposed of in such
Forfeited manner as the directors shall order or provide, and the sums which may have been
shares, how l
disposed of; paid thereon shall enure to the benefit of the said corporation.
Money paid
thereon, to enure to the Bank.
Thirteen di- Sect. 7. And be it further enacted by the authority aforesaid, That for the well or-
rectors to be Bering tne affairs of the said corporation, there shall be thirteen directors, who shall
$30,000 in De elected as soon as thirty thousand dollars, in gold and silver coin, shall have been
specie shall
have been received on account of the subscription for the said stock, and on the first Monday in
January, in each and every year thereafter, by the stockholders or proprietors of the
first Monday capital stock of the said corporation, and by plurality of votes actually given in ; and
every year those who shall be duly chosen at any election, shall be capable of serving as directors,
„ , ' by virtue of such choice, until the end or expiration of the first Monday in January next
After each ensuing the time of such election, and no longer; and the said directors, at their first meet-
president to m S after each election, shall choose one of their number as president; and in case of
th cl ]°f e " by his death, resignation, removal from the state, or from the board of direction, the said
out of their directors shall proceed to fill the vacancy, by a new election for the remainder of the
own body.
Vacancies year : Provided always, and be it further enacted, That as soon as the sum of thirty
how filled. thousand dollars, in gold and silver, shall have been actually received on account of the
The coinmis- subscriptions to the said stock, notice thereof shall be given by the commissioners
sioners to pub- herein before named, in the gazettes of the city of Savannah and Augusta ; and the
lish a notice ° J
when $30,000 commissioners shall at the same time, in like manner, notify a time and place within
111 ST)GC1P sll3.ll
have been the said city of Savannah, at the distance of thirty days at least from the date of such
count'ofTub, notification, for proceeding to the election of directors ; and it shall be lawful for such
scriptions ; tQ be tben and tbere ma de, and the persons who shall be then and there chosen shall
And to give . . . , .
notice 30 clays be the first directors, and shall receive from the said commissioners the nett proceeds,
th[°time"nd° f after deducting expenses, which may be in their hands, and shall be capable of acting
place of hold- b virtue of such choice, until the end or expiration of the first Monday in January,
lng 1 an elec- J
tion for direc- next ensuing the time of making the same ; and shall forthwith thereafter commence
tors. Direc-
tors to receive the nett proceeds which may be in the hands of the commissioners. The operations of the Bank, when to
commence.
BANKS, INCORPORATED. 1811. 77
the operation of the said Bank at the said city* of Savannah : And provided further, (No. 50.)
That in case it should at any time happen that an election of directors should not be Proviso.
. . '■ In case any-
made upon any day, when, pursuant to this act, it ought to have been made, the said election of
corporation shall not for that cause be deemed to be dissolved ; but it shall be lawful, s^Sdnottake
on any other day, to hold and make an election of directors, in such manner as shall ^^fe^ayT
have been regulated by the bye-laws of the said corporation: And provided, that in the corpora-
o j j * * ^ t lon no t there-
case of the death, resignation, absence from the state, or removal of a director, his fore dissolved.
place may be filled up by a new choice for the remainder of the year, by the remaining ^^o^iT
directors. any other day.
Proviso.
Sect. 8. And be it further enacted by the authority aforesaid, That the following Fundamental
* .... r r rules,
rules, restrictions, limitations, and provisions, shall form and be fundamental articles of
the constitution of the said corporation :
1st. The number of votes to which each stockholder shall be entitled, shall be ac- f yote^each 1
cording to the number of shares he shall hold, in the following proportion, that is to stockholder
say ; for one share, one vote, for two shares and not exceeding five, two votes ; for tied to.
every five shares above five, one vote ; Provided, that no person, corporation, or body roviso -
i • i i • • i i • N° one enti-
politic or corporate, shall be entitled in his, her or their own right, to more than sixty tied to more
votes ; and after the first election no share or shares shall confer a right of suffrage j n jjj s ,J° ^
which shall not have been holden and transferred, according to the rules of the bank, n S nt
three calendar months previous to the day of election.
2d. None but a stockholder entitled in his own right to twenty shares, and being a Who shall be
° J eligible as a
citizen of the state, and not being a director of any other bank, shall be eligible as a director.
director ; and if any one of the directors, after being elected, shall at any time during Wnen * l ~
the term for which he shall have been chosen cease to be a stockholder, his seat shall to be a stock-
holder, his
thereupon become vacated, and the remaining directors, or a majority of them, shall, se at vacated.
at their next meeting, pass an order declaring him no longer to be a director.
3d. That the stockholders shall make such compensation to the president for his ser- Salary of the
President,
vices as shall appear to them reasonable.
* See act of 1814, No. 52, authorizing the board of directors, &c. to remove from Savannah, and transact
business in any part of the state, under certain circumstances.
78
BANKS, INCORPORATED. 1811.
4th. Not less than five directors shall constitute a board for the transactions of busi-
ness ; of whom the president shall always be one, except in case of sickness or neces-
constitute a sary absence, in which case his place may be supplied by any director whom he by
board. ....
writing under his hand shall nominate for the purpose.
(No. 50.)
How many,
and who, shall
Not less than 5th. A number of stockholders, not less than twenty, who together shall be proprie-
20 directors, ,
holding- in the tors of two hundred shares or upwards, shall have power at any time to call a meeting
or in ore 'shares °^ ^ ie stockholders, for purposes relative to the institution, giving at least sixty days notice
shall call a m ^g g aze ttes of the city of Savannah and Augusta, specifying in such notice the ob-
Sixty days no- j ect or °bj e cts of such meeting.
tice to be
given, specifying the purpose of the meeting.
The cashier
and other offi-
cers of the
bank (except
the president)
to give bond
and security,
such as the
directors shall
approve.
In what cases,
and for what
purposes, the
bank may hold
real property.
How it may be
disposed of.
6th. The cashier or treasurer of the bank for the time being, and all other officers
appointed by the directors (except the president) before he or they enter upon the duties
of his or their office, shall give bond with two or more securities, to the satisfaction of
the directors, in such sum or sums as shall be required by the said directors, with con-
dition for his or their good behaviour and a faithful discharge of duty.
7th. The lands, tenements and hereditaments, which it shall be lawful for the said
corporation to hold, shall be only such as shall be requisite for its immediate accommo-
dation in relation to the convenient transaction of its business, and such as shall have
been bona fide mortgaged to it as security, or conveyed to it in satisfaction of debts pre-
viously contracted in the course of its dealings, or purchased at sales upon judgments
which shall have been obtained for such debts. And in every instance in which the
said company may become owners or claimants of lands, tenements, or hereditaments,
the board of directors are empowered to sell or dispose of the same in such manner as
they shall deem beneficial, to the use of the said company.
Total amount
of debts which
the bank may
owe, not to
exceed three
times the
amount of
capital stock,
he.
The directors
under whose
administration
an excess shall
happen, made
liable in their
individual ca-
pacities.
Property, real
and personal,
of the corpo-
8th. The total amount of the debts which the said corporation shall at any time owe,
whether by bond, bill, note, or other contract, shall not exceed three times the amount
of their capital stock, over and above the amount of specie actually deposited in their
vaults for safe keeping. In case of excess, the directors under whose administration
it shall happen, shall be liable for the same in their individual, natural, and private ca-
pacities ; and an action of debt may in such case be brought against them or any of
them, by any creditor or creditors of the said corporation, and may be prosecuted to
judgment and execution, any condition, covenant or agreement to the contrary notwith-
standing ; but this shall not be construed to exempt the said corporation, or the lands,
tenements, goods and chattels of the same from being also liable for and chargeable with
the said excess ; and such of the said directors who may have been absent when the
said excess was contracted or created, or who may have dissented from the resolution or
BANKS, INCORPORATED. 1811.
act whereby the same was so contracted or created, may respectively exonerate them- (No. 50.)
selves from being so liable, by having their dissent, if present, entered on the minutes ration, also
. liable for any
of the said corporation. . excess.
Directors who
were absent when the excess was created, or who dissented from the measure that occasioned it, may exonerate them-
selves by having their dissent entered on the minutes.
9th. The directors shall have power to issue to the subscribers their certificates of stock, Directors may
which shall be transferable on the books of the cashier only by personal entry of the cates G f stock
stockholder, his legal representative, attorney, guardian or trustee, duly authorized for ^ Q s ^ stock
that purpose. shall be trans-
r r ferred.
10th. That the stockholders at their meeting shall vote in person or by attorney duly au- Stockholders
. to vole in per-
thorized for that purpose, which power shall be executed in the presence, and to be cer- son5 or by
tilled by a justice of the peace or notary public of the county or state where the share- authorized.
holder resides ; and minors or feme coverts shall vote by his, her or their guardian or Infants and
... feme coverts,
trustees duly authorized. how to vote.
11th. The company shall in no case, directly or indirectly, be concerned in commerce The company
... . . r . not to be Con-
or insurance, or in the importation or exportation, purchase or sale, ol any goods, wares cerned in
or merchandize whatever, (bills of exchange, notes and bullion only excepted,) except ^nsu*anoe! &c.
such goods, wares or merchandize as shall be truly transferred, conveyed or pledged to Exception.
them, by way of security for money actually loaned and advanced, or for debts due, ow- Go ° ds » wares,
t j J J j j i an j niercnan-
ing or growing due to the said corporation, or purchased by them to secure such debts dize may be
pledged to
so due to the said corporation, or to indemnify and secure the said corporation for to them as
advances to be made or notes to be discounted, or to effect the insurance on the certain cases.
property that may belong or be thus pledged to the said company for its security.
12th. The bill obligatory and of credit, notes and other contracts whatever on behalf Bills, notes,
'«■ i • i • i ii i i • i- iii* i • i & c> binding
of the said corporation, shall be binding and obligatory upon the said company ; on the cor-
Provided, the same be signed by the president, and countersigned or attested by the proviso"
cashier, of the said corporation ; and the funds of the said corporation shall in no case Funds of the
be liable for any contract or engagement whatever, unless the same shall be so signed liabieTor any
and countersigned or attested as aforesaid ; and the books, papers and correspondence, contrat *> & c *
and the funds of the company, shall at times be subject to the inspection of the board same be si S" n -
ed bv the pre-
of directors and stockholders, when convened according to the provision of this act. sident and
countersigned
by the cashier. Books, funds, 8cc. subject to the inspection of the board of directors.
13th. Dividends of the profits of the corporation, or of so much thereof as shall be Dividends,
deemed expedient and proper, shall be declared and paid half-yearly, (the first half after w hat manner
the bank shall have been in operation excepted ;) and the said dividends shall, from *°£ p^ Clared
time to time, be determined by a majority of the directors, at a meeting to be held for
30 BANKS, INCORPORATED. 1811.
(No- 50.) that purpose, and shall in no case exceed the amount of the nett profits actually acquir-
Not to exceed ed by the corporation j so that the capital stock thereof shall never be impaired,
the nett pro-
fits. Capital stock, not to be impaired.
A book of en- 14th. The directors shall keep fair and regular entries, in a book to be provided for
tries to be
kept by the tnat purpose, of their proceedings ; and on any question, when two directors shall re-
lrec ors. quire it, the yeas and nays of the directors voting shall be duly inserted on their mi-
nutes, and those minutes be at all times, on demand, produced to the stockholders when
at a general meeting the same shall be required.
Charter limit- 15th. The corporation shall exist and continue until the first day of January, one
day of Janua- thousand eight hundred and forty-one ; when it shall cease from discounting or making
ry, Jb4i. further emoluments as a corporation: Nevertheless, the said corporation shall continue
When the , ... . - .
company shall alter the expiration of its charter, until the concerns and claims of the said bank are
rations, except nna lly settled and wound up, so as to enable the said bank to appear as plaintiff or de-
suchasmaybe f enc [ant, and obtain bv suit or otherwise, a settlement and liquidation of its outstanding;
necessary to ' J °
settle the af- demands, and in no ways to acquire new property or profits by discount or otherwise,
fairs of the in-
stitution.
Embezzle- Sect. 9. And be it further enacted by the authority aforesaid, That if any president,
effects, &c. of director, officer, or servant of the said Planters' Bank of the state of Georgia, shall
anv director secrete, embezzle, or convert to his own use, any note, bill, obligation, security money or
officer, or ser- effects, belonging to the said bank, or deposited there by any other person, every person
declared to be so intentionally offending, shall be guilty of simple grand larceny, and being thereof con-
simple grand ' - . . .
larceny; and victed, shall suffer the same punishment, and undergo the same sentence and judgment
Such? hable aS as provided for by law, to be passed against a person convicted of such grand larceny.
The security, But the property of the offender shall, nevertheless, be responsible as well as his secu-
*fth P1 °ff" ert d rit y-> notwithstanding any prosecution under this act.
er liable, notwithstanding any prosecution under this act.
Forging, Sect. 10. And be it further enacted by the authority aforesaid, That if any person or
ing, altering, persons,^ shall forge, counterfeit, or alter, or fraudulently utter any note, bill, obligation,
no\V* &c of or ot h er security of the Planters' Bank of the state of Georgia, or pay, or tender in
the bank, how payment, or offer to pass any forged, counterfeited, or altered note, bill, obligation, or
punished. r J l
other security of the said bank, knowing the same to be forged, counterfeited, or altered,
and shall thereof be convicted, shall suffer death or such other punishment as may
hereafter be pointed out by law.
See the Penal Code of 1817. " Forgery and Counterfeiting."
BANKS, INCORPORATED. 1811. 31
Sect. 11. And be it further enacted by the authority aforesaid, That if any person (No. 50.)
shall forge * alter, or counterfeit any letter of attorney, order, or other instrument, to Persons, forg-
. r ing-, counter-
transfer or convey any share or shares of stock in the Planters Bank of the state of feiting, &c.
Georgia, or to receive the same, or any dividend or part thereof, or shall knowingly and aUonieyfor!-
fraudulently demand to have such share or shares, dividend, or any parts thereof, trans- j^J^; to
ferred, conveyed, or received by virtue of such forged, altered, or counterfeited letter shares, or to
, " receive any
of attorney, order, or other instrument, or shall falsely and deceitfully personate any dividends; or
true and lawful proprietor or proprietors, of any share or shares of stock, or dividend, mand or ob _
or money, or other property deposited in the said bank, thereby transferring or endea- u ™ a *^™ J r
vouring to transfer the said stock, dividend, money, or other property, or receiving, or or receive any
dividend by
endeavouring to receive the said stock, dividend, money, or other property ; in every virtue of such
such case, the person or persons so offending, and being thereof duly convicted, shall me | t . G rwho
be adjudged a felon or felons, and suffer such punishment as shall be adjudged by the shall falsely
court before which the said conviction shall take place, so that the same does not ex- proprietor of
.... any stock, &c.
tend to death, or less than ten years of servitude or imprisonment. for certain
fraudulent
purposes; shall on conviction suffer a punishment not extending to death, or less than ten years servitude or imprisonment.
Sect. 12. Whereas, it will facilitate the operation of the said bank to have the necessary Preamble to
buildings ready for the directors, and whereas, it is also represented that the commis-
sioners, with the approbation of the present stockholders, have gone to considerable
expense and disbursements to forward the said institution: Be it therefore further enacted
by the authority aforesaid, That the said commissioners, or a majority of them, be, and they Commission-
. ers empower-
are hereby authorized to purchase or rent a house and lot, and to defray out of the e d to pur-
money already received, the expenses necessary to make the same fit for the use of a a nouse an( j
bank ; and the said commissioners, or a majority of them, are hereby authorized and Mj for the
7 J J ' ' J use ol the
empowered, out of the money already received on subscription, to pay and discharge bank.
all expenses and disbursements, made or contracted for, which are applicable to the said Auth ° med to
r ' . *X pay all ex-
institution, and which expenses or engagements have accrued or been made to, and for penses incur-
red for the be-
the benefit of the said institution, and to facilitate the early operation thereof. nefit of the
institution.
Sect. 13. And whereas also, from the difficulties which the commissioners of the said Preamble to
tli c 1 3 th sec-
bank heretofore met, in obtaining a sufficient number of subscribers for shares, so as to t i on
organize the same at an early period, it became necessary and just for the former sub-
scribers to release to each other all claim to any forfeiture which might otherwise
have accrued under the third section of the said act of incorporation, which release,
See "Forgery and Counterfeiting," in the penal code of 1817
M
82
BANKS, INCORPORATED. 181 i.
under the circumstances stated in the petition aforesaid, was proper and prudent : Be it
therefore further enacted, That the said mutual release be, and is hereby confirmed, and
that all forfeiture or supposed forfeiture, arising under the third section of the said act
of incorporation be, and is hereby remitted, and declared as null and void, as if there
had been no such section in the act of which this is an amendment.
(No. 50.)
A mutual re-
lease of for-
feitures by
certain sub-
scribers con-
firmed ; and
the forfeitures
declared null
and void.
Repealing
clause.
Sect. 14. And be it further enacted by the authority aforesaid, That the second, third,
fifth, and seventh sections of an act entitled " An act to incorporate the Planters' Bank
of the state of Georgia," and to repeal an act entitled An act to incorporate the Planters'
Bank of the state of Georgia,- passed the fifth day of December, 1807, which above act
was passed on the 19th December, 1810, be, and the same are hereby repealed.
Executive Department, Georgia.
Assented to, 3d December, 1811.
ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
DAVID B. MITCHELL, Governor
BANKS, INCORPORATED. 1811. 33
AN ACT (No. 51.)
To alter and amend the third section of an Act to amend an Act to incorporate
the Planters' Bank of the state of Georgia, and for other purposes, passed the
19th day of December, 1810, also to provide against embezzlement and forge-
ries, passed the 3d of the present month, by the present Legislature.
WHEREAS, by the third section of the act referred to in the title hereof, it is enact- Preamble,
ed, that the subscription already opened in the city of Savannah shall continue until the
first day of December next, and the said act having been presented to, and signed by
the Governor, and finally passed on the third day of the present month of December,
the operation of the said third section of said act will be, to extend the time of keeping
open the said subscription until the first day of December, one thousand eight hundred
and twelve, which was not the intention of this Legislature — For remedy whereof;
BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and by the authority of the same, That the subscription already The subscript
opened in the city of Savannah, shall continue and be kept open, until the twenty-fifth openedhi ^Sa-
day of the present month, and no longer; any thing in the afore-recited act to the JJ^jJ^
contrary notwithstanding. until the 25th
of the present
month, and no
ROBERT IVERSON, ! ° nger
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Executive Department, Georgia.
Assented to, 16th December, 1811.
DAVID B. MITCHELL, Governor.
M 2
84
BANKS, INCORPORATED. 1814.
(No. 52.)
AN ACT
To authorize the Board of Directors of the Planters' Bank of the state of Geor-
gia, and its officers, to remove from the city of Savannah, and transact business
in any part oj the state of Georgia, ur\der certain ch cumstances therein men-
tioned.
BE it enacted by the Senate and House of Representatives of the state of Georgia,
The Directors in General Assembly met, and it is hereby enacted by the authority of the same, That the
ot trip PJ3.11-
ters' Bank au- board of directors of the Planters' Bank of the state of Georgia, and its officers, are
thorized to re-
move from Sa-
vannah, and
transact busi-
ness in any
part of the
state, when
the safety of
the institution
is endanger-
ed; or in case
of contagion.
hereby authorized to remove from the city of Savannah, for such time as they may
think proper, and transact business in any part of the state of Georgia, whenever the
president and directors, or a majority of the members thereof who may be present, shall
think it prudent, from causes of alarm, which, in their opinion, may endanger the safety
of the institution, or in cases of contagion affecting the city, or the vicinity thereof:
And all the business of the said bank, which may be transacted after such removal as
is authorized by this act, shall be equally binding and legal as if the same had been
done and transacted in the city of Savannah.
Assented to, 3d November, 1814.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
PETER EARLY, Governor.
BANKS, INCORPORATED. 1815. #5
AN ACT* (No. 53.)
To incorporate a Bank, to be called the Bank of the State of Georgia.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
p-ia. in General Assembly met, and it is hereby enacted by the authority of the same, That A- Bank of the
? " ■' .*■,.' . state of Geor-
a Bank of the state of Georgia shall be established in the city of Savannah, the capital g-ia establish-
♦ • • cd.
stock whereof shall not exceed one million five hundred thousand dollars, divided into ' . . ,
fifteen thousand shares, each share being one hundred dollars.
Sect. 2. And be it further enacted by the authority aforesaid, That six thousand Reservation of
shares, for the
shares of said capital stock shall be reserved untd the first day of January, eighteen state.
hundred and seventeen, on the original terms, then, or at any prior time, to be taken
and subscribed for by the state, according to the pleasure of the General Assembly,
whereby the state, at any subsequent election, shall be entitled to the appointment of six state entitled
directors ; and if the said shares so reserved be not taken by the state, to be disposed of directors.
in manner herein after prescribed.
Sect. 3. And be it further enacted by the authority aforesaid, That subscriptions for Subscriptions
constituting and collecting the capital stock of said bank shall be opened in the city of \ n savannah.
Savannah on the first day of February next, under the direction and superintendance of Bv whom su-
pcrint ended «
Charles Harris, William B. Bulloch, Isaac Minis, Richard Richardson, Oliver Sturges,
Thomas Bourke, John Eppinger, Abraham Richards, Barna M c Kinne, John P. William-
son, William Taylor, William Mein, John Camochan, A. S. Bulloch, Edward Harden,
and Thomas U. P. Charlton, a majority of whom shall be competent to the discharge
of the duties hereby devolved upon them : Also, and for the same purpose, in the city To be opened
of Augusta, under the direction and superintendance of Andrew Erwin, John M c Kinne, ta ,
John Howard, Ferdinand Phinizy, Thomas Barrett, Walter Leigh, Freeman Walker,
and George Hargraves : Also, and for the same purpose, in the town of Milledgeville, in Milledge-
under the direction and superintendance of Zachariah Lamar, John Howard, John W.
Devereux, and Joel Crawford : Also, and for the same purpose, in the town of Greens- Greensbo-
' . . rouffh.
borough, under the direction and superintendance of John West, John Bethune, and
Daniel Sanford: Also, and for the same purpose, in the town of Washington, under the Washington.
direction and superintendance of Nicholas Long, William G. Gilbert, Augustus H.
Gibson, William Sansom, and John H. Pope: Also, and for the same purpose, in the
town of Louisville, under the direction and superintendance of William N. Harman, Louisville,
See act of 1816, No. 54; which amends this act,
86
BANKS, INCORPORATED. 1815.
(No. 53.)
Athens.
Sparta.
Lexington.
Waynesbo-
rough.
A majority of
commission-
ers in each
place compe-
tent to act.
Books open
for six months.
Citizens, &.c.
of the United
States, may
subscribe for
any number of
shares not ex-
ceeding 100.
Proviso.
Subscriptions,
how payable.
Proviso.
James Meriwether, David Clark, and Rodger L. Gamble: Also, and for the same pur-
pose, in the town of Athens, under the direction and superintendance of Stephen Thomas,
Thomas P. Carnes, and Augustin S. Clayton: Also, and for the same purpose, in the
town of Sparta, under the superintendance and direction of John Lucas, Hugh Taylor,
and Henry Mitchell: Also, and for the same purpose, in the town of Lexington, under
the superintendance and direction of Dudley Dunn, John Moore, and Burwell Pope:
Also, and for the same purpose, in the town of Wayne sborough, under the direction of
John Davies, John Whitehead, and William Whitehead; a majority of which commis-
sioners in each of said mentioned places, shall be competent to the discharge of their
duties ; and in each of said mentioned places, the books of subscription shall be kept
open for the space of six months, if that time shall be required, for filling up said sub-
scriptions for said capital stock; during which time it shall and may be lawful for any
person or copartnership, being citizens of the United States, corporation or body politic
established in the United States, to subscribe for any number of shares not exceeding
one hundred, except as hereinbefore provided, relative to the state: Prov ided, that if
the whole number of shares be not taken up within the said space of six months, then,
and in that case, it shall be lawful for any person or copartnership, being citizens of the
United States, corporation or body politic established in the United States, to subscribe
for any number of the shares unsubscribed for as aforesaid; and the sums respectively
subscribed for, shall be payable in manner following : that is to say, seventeen per
centum at the time of subscribing, twenty per centum at the expiration of six months
thereafter, and the balance of the sums so subscribed, at such other time or times as
the directors of said bank may require and direct; Provided, that sixty days notice of
the time at which payment is required to be made, be given in one of the gazettes of
Savannah, Augusta, Milledgeville, and Washington, Wilks county.
Forfeitures
for non-pay-
ments.
Sect. 4. And be it further' enacted by the authority aforesaid, That if there shall be
a failure in the payment of any sum subscribed by any person, copartnership or body
politic, when the same is required to be paid by this act, or when it shall be required to
be paid by the directors, the share or shares, on which such failure shall happen or ac-
crue, shall be for such failure forfeited, and may be again sold and disposed of, as the
directors shall order and provide, and the sums which may have been paid thereon shall
enure to the benefit of said corporation.
Subscribers
made a body
corporate.
Their style.
And privi-
leges.
Sect. 5. And be it further enacted by the authority aforesaid, That all those who
shall become subscribers to said bank, their successors and assigns, shall be, and they
are hereby created and made a corporation and body politic, by the name and style of
the Bank of the State of Georgia, and by that name shall be, and are hereby made able
and capable in law, to have, purchase, receive, possess, enjoy and retain, to them and
their successors, lands, rents, tenements, hereditaments, goods, chattels and effects, of
BANKS, INCORPORATED. . 1815. 87
what kind, nature or quality soever, to an amount not exceeding in the whole one mil- (No. 53.)
lion five hundred thousand dollars, or the amount of its capital if the same shall here-
after be increased, including the amount of the capital stock aforesaid ; and the same
to sell, grant, demise, alien, or dispose of, to sue and be sued, plead and be impleaded,
answer and be answered, defend and be defended, in courts of record, or any place what-
soever; and also to make, have and use a common seal, and the same to break, alter
and renew at their pleasure ; and also to ordain, establish, and put in execution such
bye-laws, ordinances and regulations, as shall seem necessary and convenient for the
government of said corporation : Provided nevertheless, that such bye-laws, rules and Proviso.
regulations, be not contrary to the laws and constitution of this state or of the United
States, and generally to do and execute all and singular such acts, matters and things,
as to them may or shall appertain to do, subject nevertheless to the rules, regulations,
restrictions, limitations and provisions herein after prescribed.
Sect. 6. And be it further enacted by the ^authority aforesaid, That for the wtell order- Directors,
how many,
ing of the affairs of said corporation, there shair be fifteen directors, nine of whom and by whom
shall be elected by the stockholders, and six by the state ; and the nine directors of the
stockholders shall be elected so soon as two hundred and fifty thousand dollars, in gold
and silver coin, shall have been received on account of the subscriptions of said stock,
of whom there shall be an election on the first Monday in May -next, and on the same Annual -dec-
day in each year, by the stockholders or proprietors of the capital stock, and by the stockholders.
plurality of votes actually given in ; and those who shall be duly chosen at any election,
shall be capable of serving as directors, by virtue of such choice, until the end or expi- "
ration of the first Monday in May next ensuing the time of such election, and no longer;
and the six directors to be appointed by the state, shall be chosen by the legislature, im-
mediately on the passage of this act: Provided ahvays, that as soon as the sum of two Proviso,
hundred and fifty thousand dollars, in gold and silver, shall have been actually received
on account of the subscriptions to said stock, notice thereof shall be given by the com- Commission-
missioners in Savannah, herein before named, in one at least of the public gazettes of er iT ' aV ur"i
Savannah, Augusta, Milleds-eville, Washington and Athens ; and the said commission- a notice when
: & ' . . . . - 250,000 dol-
ers shall at the same time, in like manner, notify a time and place, within the said city lars shall have
of Savannah, at the distance of ninety days at least from the date of such notification, specie.
for proceeding to the election of directors, and it shall be lawful for such to be then Also of the
. . . .. i i ii t i " it i r- time and place
and there made ; and the persons who shall be then and there chosen, shall be the first for electing-
directors, and shall receive from the said commissioners the money which shall be re- tuec 0Ib '
First directors
ceived by them ; and the said directors, at their first meeting after such election, shall to receive
, r i . , . , , . r i • i i • from the com-
choose one ot their number as president, and m case ot his death, resignation, or re- missioners the
moval from the state, or from the board of direction, the said directors shall proceed to mone yP a! ' 1111 -
• • c ^° choose a
nil the vacancy by a new election for the remainder of the year : Provided, that in case president.
it should at anv time happen, that an election of directors should not be made at anv , 1Ils ^, c , an T cy
J rr 7 J how filled.
day when pursuant to this act it ought to have been made, the said corporation shall Proviso.
88
BANKS, INCORPORATED. 181
(No. 53.) not for that cause be deemed to be dissolved, but it shall be lawful on any other day to
Elections, hold an election of directors, in such manner as shall have been regulated by the laws
when regulat- «. u J
edbythe and ordinances of said corporation,
bye-laws, &c.
Directors em-
powered to
appoint offi-
cers, clerks
and servants.
Sect. 7. And be it further enacted by the authority aforesaid, That the directors,
for the time being, shall have power to appoint such officers, clerks and servants, under
them, requiring from said officers, clerks and servants, such security, and administering
to them such oaths, as the said directors shall deem necessary, and to allow them such
compensation for their services respectively as shall be reasonable ; and shall be capable
of exercising such other powers and authorities, for the well ordering and governing
the affairs of the said corporation, as shall be described, fixed and determined by the
laws, regulations and ordinances of the same.
Fundamental
rules.
Sect. 8. And be it further enacted by the authority aforesaid, That the following-
rules, restrictions, limitations and provisions, shall form and be fundamental articles of
the corporation of said institution :
Qualification
of voters.
1st. The number of votes to which each stockholder shall be entitled, shall be ac-
cording to the number of shares he shall hold, in the following proportion, that is to
say, for one share, one vote ; for two shares and not exceeding five, two votes ; and for
every five shares above five, one vote : Provided, no person, corporation or body poli-
tic, shall be entitled, in his, her or their own right, to more than thirty votes'; and
after the first election, no share or shares shall confer a right of suffrage which shall
not have been holden three calendar months previous to the day of election.
Who may vote
by proxy.
Who may be
eligible as a
director.
When a di-
rector ceases
to be a stock-
holder, his
seat vacated.
2d. Stockholders usually resident within the United States, and none others, may
vote in elections by proxy ; none but a stockholder entitled in his owrt right to fifteen
shares, and being a citizen of the state, and not being a director of any other bank, shall
be eligible as a director ; but this qualification not to be necessary on the part of the
state directors ; and if any one of the directors, after being elected, shall at any time
during the term for which he shall have been chosen, cease to be a stockholder, his seat
shall thereupon become, vacated, and the remaining directors, or a majority of them,
shall at the next meeting pass an order declaring him to be no longer a director.
Compensation 3d. The stockholders shall make such compensation to the president, as may appear
of the presi-
d en t. to them reasonable.
How many di-
4th. Not less than nine* directors shall constitute a board for the transaction of bu-
fornTa board siness, of whom the president shall always be one, except in cases of sickness or neces-
8cc. ^____ , — — — — —
* See act of 1816, No. 54 ; which makes five directors a competent board, during the months of July,
August, September and October, in every year, provided they be unanimous.
BANKS, INCORPORATED. 1815. 89
sary absence, in which case his place may be supplied by any director, to be elected (No. 53. )
president pro tern, by a majority of the board present.
5th. A number of stockholders, not less than thirty, who together shall be proprie- Not less than
1. J J J re , , U 11 U 11 30 StOCkhold-
tOrS of two hundred and fifty shares or upwards, shall have power at any time to call ers, possessing
a meeting of the stockholders, for purposes relative to the institution, giving at least re 2J0 "
sixty days notice in a public gazette, in the city of Savannah, in the city of Augusta, sl,ares > shall
in Milledgeville, and at Washington and Athens, specifying in such notice the object or meeting-.
objects of such meeting. JJhf^SJ
Sec.
6th. The cashier of the bank for the time being, before he enters upon the duties of Cashier to give
1 • nr i „ 1 1 ' • 1 1 • 1 ..,.». . - r bond and se-
his office, shall be required to give bond with two or more securities, to the satisfaction curity.
of the directors, in a sum not less than fifty thousand dollars.
7th. The lands, tenements, and hereditaments which it shall be lawful for the said In what cases,
corporation to hold, shall be only such as shall be requisite for its immediate accommo- purposes, the
dation, in relation to the convenient transacting of its business, and such as shall have cor Poration
been bona fide mortgaged to it by way of security, or conveyed to it in satisfaction of P r °perty.
debts previously contracted in the course of its dealings, or purchased at sales upon
judgments which shall have been obtained for such debts.
8th. The total amount of the debts which the said corporation shall at any time owe, The corpora-
whether by bond, bill, note, or other contract, shall not exceed three times the amount three times
of their capital stock, over and above the amount of specie actually deposited in their ca^tal^st^k*"
vaults for safe keeping. In case of an excess, the directors under whose administration In case of ex-
it shall happen, shall be liable for the same, in their individual, natural and pri- directors ha-
vate capacities, and an action of debt may in such case be brought against them, ^ Seca*!
or any of them, their, or any of their heirs, executors, or administrators, in any court cities -
of record in the United States, having competent jurisdiction, or either of them, by any
creditor or creditors of said institution, and may be prosecuted to judgment and execu-
tion, any condition, covenant or agreement to the contrary notwithstanding. But this Property of
shall not be construed to exempt the said corporation, or the lands, tenements, goods tionalsoliable.
and chattels of the same, from being also liable for and chargeable with the said excess ;
and such of the said directors who may have been absent when the said excess was How absent,
contracted or created, or may have dissented from the resolution or act, whereby the dbectoSmay
same was so contracted or created, may respectively exonerate themselves from being b ^ exonerat "
so liable, by having their dissent, if present, entered on the minutes of said corporation.
9th. The directors shall have power to issue to the subscribers their certificates of Stock, how
1 1*3 n sf c i* & b I <?
stock, which shall be transferable on the books of the cashier only by personal entry of
N
90
BANKS, INCORPORATED. 1815.
(No. 53.) the stockholder, his legal representative or attorney, duly authorized by special power
for that purpose.
The corpora-
tion not to be
concerned in
commerce,
&c.
Exception.
Goods, &c.
may be held
as pledges, &c.
in certain
10th. The corporation shall in no case, directly or indirectly, be concerned in com-
merce or insurance, or in the importation or exportation, purchase or sale of any goods,
wares, or merchandize whatever, (bills of exchange, notes, and bullion only excepted,)
except such goods, wares, or merchandize, as shall be truly transferred, conveyed, or
pledged to them by way of security, for money actually loaned and advanced,. or for
debts due to the said corporation, or purchased by them to secure such debts so due to
the said corporation, or to effect the insurance on the property that may belong to, or
be thus pledged to the said corporation for its security.
Bills, notes,
&c. to be sign-
ed by the pre-
sident, and
countersign-
ed by the
cashier, other-
wise the funds
of the bank
not liable.
11th. The bills obligatory and of credit, notes, and other contracts whatever, shall be
binding and obligatory upon said corporation, provided the same be signed by the pre-
sident, and countersigned or attested by the cashier of the said corporation; and the
funds of the corporation shall be in no case held liable for any contract or engagement
whatever, unless the same shall be so signed and countersigned, or attested as afore-
said ; and the books, papers, and correspondence, and the funds of the corporation,
shall at all times be subject to the inspectio'n of the board of directors and stockholders,
when convened according to the provisions of this act.
Dividends,
how and
when deter-
mined.
Capital stock
not to be im-
paired.
12th. Dividends of the profits of the corporation, or so much thereof as shall be
deemed expedient and proper, shall be declared and paid half-yearly, (the first half after
the bank shall have been in operation excepted,) and the said dividends shall, from time
to time, be determined by a majority of the directors, at a meeting to be held for that
purpose, and shall in no case exceed the amount of the nett proceeds actually acquired
by the corporation, so that the capital stock thereof shall never be impaired.
Directors to
keep a book
of their pro-
ceeding's.
13th. The directors shall keep fair and regular entries, in a book to be provided for
that purpose, of their proceedings, and on any question, when two directors shall re-
quire it, the yeas and nays of the directors voting shall be duly inserted on their
minutes ; and these minutes be at all times, on demand, produced to the stockholders,
when at a general meeting the same shall be required.
Duration of 14th. The corporation shall exist and continue until the first day of January, one
thousand eight hundred and thirty-five ; and immediately after the dissolution of said
Its affairs, how corporation, effectual measures shall be taken by the directors last appointed and acting,
settled, after . . ... . r.
dissolution. for closing all the concerns of the corporation, and for dividing the capital and profits
which may then remain among the stockholders, according to their respective interests.
BANKS, INCORPORATED. 1815. gj
15th. The directors shall, within six months after said bank shall go into operation, (No. 53.)
establish an office of discount and deposit at the city of Augusta, and one at the town offices of dis-
r J ° count and
of Milledgeville, and wheresoever they shall think fit within this state, for the pur- deposit to be
. . . established at
pose of discount and deposit only, and upon the same terms, and in the same manner, Augusta and
as shall be practised at the bank which shall be established in Savannah, and to commit & ^ e ^ evi
the management of said offices, and the making of the said discounts, to such persons, How regulat-
. . ed
under such agreements, and subject to such regulations, as they shall deem proper, not
being contrary to law, or to the constitution of the bank ; and the amount of stock shall
be apportioned by the directors in the different offices, according to the exigences of
business, but each branch shall have as much of the stock ^as can be employed to ad-
vantage.
Sect. 9. And be it further enacted, That the commissioners in Savannah shall not The amount of
be at liberty to receive subscriptions for more than two thousand seven hundred at Savannah,
shares ; the commissioners at Augusta, for more than one thousand eight hundred lmuted -
_ Also at Au-
shares ; the commissioners at Milledgeville, for more than nine hundred shares ; the gusta.
commissioners at Louisville, for more than four hundred and fifty shares ; the com- Mllled g evi " e -
missioners at Greensborough for more than nine hundred shares; the commission- Greensboro'
ers at Washington, for more than four hundred and fifty shares ; the commissioners at Washington.
Sparta, for more than four hundred and fifty shares ; the commissioners at Lexington. s P arta -
r . • Lexington.
for more than four hundred and fifty shares ; the commissioners at Waynesborough, for Waynesboro'.
more than four hundred and fifty shares ; nor the commissioners of Athens, for more Athens -
than four hundred and fifty shares.
Sect. 10. And be it further enacted, That a future General Assembly may, when- Legislature
ever they think it will be expedient, increase the capital stock to three millions of dol- Se^apha? 86
lars, or to such sum as they may think proper, and the state shall, if they think proper, stock-
be entitled to subscribe for one half, or of such other part as they may think proper ;
and in case of the increase of the capital, there shall be books of subscription opened,
at such times and places as a future Legislature may direct, to subscribe for the in-
creased stock : Provided nevertheless, that if the whole number of shares apportioned to Proviso,
the above places be not subscribed for, then the commissioners at Savannah shall give
notice to fill up such deficiencies, at such place as they may think proper.
N 2
92
BANKS, INCORPORATED. 1815.
Sect. 11. And be it further enacted, That the trustees of the University of Georgia
shall have until the first day of January, one thousand eight hundred and seventeen,
to subscribe for one thousand shares, out of the six thousand herein reserved to the
state.
(No. 53.)
Trustees of
the university
may subscribe
for 1000
shares out of
those reserv-
ed for the
state.
Assented to, 16th December, 1815-
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
D. B. MITCHELL, Governor.
(No. 54.)
AN ACT
To amend An act to incorporate a Bank, to be called the Bank of the State of
Georgia, passed on the 16th of December, 1815.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
How many di- five directors shall constitute a board competent to transact the business of the Bank
rectors m*iy
form a board, of the State of Georgia : Provided, they shall be unanimous, for and during the months
months^f the °^ J u b^ August, September and October, in every year, of whom the president shall
y ear - always be one, except in cases of sickness, or necessary absence, in 4 which case his
Proviso.
place may be supplied by any director, to be elected president pro tern, by a majority
of the board present, any thing contained in any part of the above recited act to the
contrary notwithstanding.
No person of Sect. 2. And be it further enacted, That it shall not be lawful for any partner or
firm whose partners of a mercantile firm or house, who is, are or may be a director or directors
partner may f t ^ s ] 3an j C) to j^q^ hj s or their appointment or appointments as a director or direc-
BANKS, INCORPORATED. 1316,1817. 93
tors of this bank, if any other partner or partners of said mercantile firm or house (No. 54.)
shall, at the same time, or any other time, hold an appointment or appointments as di- in an y oth er
DflUK* Sit £111 Dv
rector or directors in any other bank.* a director in
this bank.
Assented to, 12th December, 1816.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
D. B. MITCHELL, Governor.
AN ACT (No. 55.)
To repeal the second section of an act passed on the \2th of December, 1816,
entitled, An act to amend an act to incorporate a Bank, to be called the Bank
of the State of Georgia, passed on tlw 16th December, 1815.
BE it enacted by the Senate and House of Representatives of the state of Georgia^
in General Assembly met. and it is hereby enacted by the authority of the same. That Tne second
v ' ? y u J -> section of the
the second section of the act passed on the twelfth of December, 1816, entitled, an act recited act
to amend an act. to incorporate a bank, to be called the Bank of the State of Georgia,
passed on the sixteenth of December, 1815, be, and the same is hereby repealed.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 27th November, 1817.
WILLIAM RABUN, Governor.
* This section repealed by an act of 1817, No. 55.
94
BANKS, INCORPORATED. 1818.
(No. 56.)
AN ACT
To incorporate the Bank of Darien.
Bank of Dari-
en established.
Capital stock.
How divided.
5000 shares
reserved for
the state.
State entitled
to appoint 5
directors.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
a bank shall be established in the town of Darien, the capital stock whereof shall not
exceed one million of dollars, divided into ten thousand shares of one hundred dollars
each, of which five thousand shares shall be reserved until the first day of -January,
one thousand eight hundred and twenty, on the original terms, then or at any prior
time to be taken by the state, according to the pleasure of the General Assembly;
whereby the state, at any subsequent election, shall be entitled to the appointment, of
five directors ; and if they be not then taken by the state, to be disposed of in manner
herein after provided and prescribed.
Subscriptions
to be opened
in Darien.
By whom su-
perintended.
Also, in Mil-
ledareville.
Dublin.
Clinton.
Watkinsville.
Hartford.
Eatonton.
Monticello.
Morgan Court-
house.
Sparta.
Sandersville.
Sect. 2. And be it further enacted by the authority aforesaid, That the subscriptions
for constituting and collecting the Capital stock of said bank, shall be opened in the
town of Darien, on the first of January next, under the direction and superintendance
of Thomas Spalding, Jacob Wood, William A. Dunham, Calvin Baker, and Philip R,
Young, a majority of whom shall be competent to the discharge of the duties hereby
devolved upon them ; Also, and for the same purpose, in the town of Milledgeville,
under the direction and superintendance of Robert Rutherford, Seaborn Jones, John
Howard, Zachariah Lamar, and John Lucas ; Also, and for the same purpose, in the
town of Dublin, under the direction and superintendance of Thomas Moore, Amos
Love, Neill Munro, John Thomas, and John Guiton ; Also, and for the same purpose,
in the town of Clinton, under the direction and superintendance of John Mitchell, Isaac
Harvey, Harrison R. Smith, Samuel Cook, and James Smith; Also, and for the same
purpose, in the town of Watkinsville, under the direction and superintendance of Joseph
Moss, Hezekiah Skovell, William Manly, Thomas R. Mitchell, and John Jackson ;
Also, and for the same purpose, in the town of Hartford, under the direction and super-
intendance of Duncan Ray, John Rawls, Peter Greene, Gray B. Gardner, and Eli Lester;
at Eatonton, under the direction and superintendance of Irby Hudson, William Wil-
kins, Willie Abercrombie, William Williams, S. W. Harris, and D. Newnan ; at Mon-
ticello, under the direction and superintendance of John Wilson, William Cook, Reuben
C. Shorter, and Robert Robey ; at Morgan Court-house, under the direction and super-
intendance of James Mitchell, William Johnson, Adam G. SafFold, Henry Cook, and
John Wingfield ; at Hancock Court-house, under the direction and superintendance of
Hugh Taylor, C. E. Haynes, John Lucas, and William G. Springer; at Sandersville,
under the direction and superintendance of Thomas B. Rutherford, Morgan Brown,
BANKS, INCORPORATED. 1818. 95
William A. Ferrille, William Rollins, and Benjamin Skrine ; at Lincolnton, under the (No. 56.)
direction and superintendance of Rem. Remson, Peter Lamar, and Lewis Stovall; Also, Lincolnton.
and for the same purpose, in the town of Marion, under the direction and superinten- Marion.
dance of Henry M. Terrell, Hope H. Slaughter, John Fleming, Jeremiah W. Ray, and
William Crocker ; also, and for the same purpose, in the town of Greensborough, under Greensbo-
rough,
the direction and superintendance of Daniel Sanford, Thomas W. Grimes, Thomas
Grier and Ezekiel Park ; Also, and for the same purpose, in the town of Irwinton, Irwinton.
Wilkinson county, under the direction and superintendance of Solomon Worrell, Allen
Denmark, David Rowland, William A. Beall, and Daniel Nolly ; at Columbia Court- Columbia
house under the direction and superintendance of Augustus Crawford, Marshall Keith,
Benjamin Leigh, and Zachariah Williams ; a majority of which commissioners, in each A majority of
of said mentioned places, shall be competent to the discharge of their duties. The ers competent
books of subscription shall be kept- open for the space of thirty days, during which time ° act -
..... Books, how
it shall and may be lawful for any person or copartnership, being citizens of the state of long to be
Georoia to subscribe for any number of shares, not exceeding one hundred, except as ep ° pen *
VCU h ' . J ° " Citizens, &c.
herein provided for relative to the state: Provided, that if the whole number of shares of this state,
be not taken up within the said space of thirty days, then and in that case, it shall and fotanynum-^
may be lawful for any person or copartnership, being citizens of this state, corporation, ^ e f of sh <"jes
or body politic established within the same, to .subscribe for any number of shares un- lt)0 -
subscribed for; and the sums respectively subscribed for shall be payable in man- rovlso
* - J Shares re-
ner herein after prescribed and provided; and the stock to be subscribed for shall be maining after
apportioned in the manner following, viz : At Darien, fifteen hundred shares ; at Milledge- time, may be
ville, five hundred shares ; at Dublin, two hundred shares ; at Clinton, two hundred and ^j t hout re- °'
fifty shares ; at Watkinsville, two hundred and fifty shares ; at Hartford, two hundred stnctl °n.
shares ; at Marion, two hundred shares ; at Greensborough, two hundred shares ; at stock to be
Irwinton, one hundred and fifty shares ; at Columbia Court-house, two hundred shares ; ^t thes & °\
at Eatonton, two hundred and fifty shares; at Monticello, two hundred and fifty shares ; places.
at Morgan Court-house, two hundred and fifty shares ; at Hancock Court-house, two a ien "
. MUledgeville,
hundred shares ; at Sandersville, two hundred and fifty shares ; and at Lincolnton, one &c.
hundred and fifty shares.
Sect. 3,. And be it further enacted, That should the present General Assembly not When the
stockholders
authorize the Governor to subscribe for the five thousand shares in said bank, to be re- m ay elect di-
served for the state till the year eighteen hundred and twenty, that the individual stock- D to C ° rS !i j"
holders, provided the subscription be filled, may proceed to the election of directors as business.
previously provided, and commence business at any time after the first of February
next.
Sect. 4. And be it further enacted by the authority aforesaid, That all those who Subscribers,
shall become subscribers to the said bank, their successors and assigns, shall be, and corporation.
96
BANKS, INCORPORATED. 1818.
(No. 56.) they are hereby created and made a corporation and body politic, by the name and
Their style,
And privi-
leges.
style of the Bank of Darien, and are*hereby made able and capable in law, to sue and
be sued, plead and be impleaded, answer and be answered, defend and be defended,
in courts of record, or any place whatsoever ; and also to make, have, and use a com-
mon seal, and the same to break, alter and renew at their pleasure : and also to ordain,
establish and put in execution such bye-laws, ordinances and regulations, as shall seem
necessary and convenient for the government of said corporation ; provided such bye-
laws, rules and regulations be not contrary to the laws and constitution of this state,
or of the United States ; and generally to do and execute all and singular such acts,
matters and things, as to them may or shall appertain to them to do, subject neverthe-
less to the rules, regulations, restrictions, limitations and provisions herein after pre-
scribed.
How many di-
rectors.
Annual elec-
tion by the
stockholders.
Directors to
choose a presi-
dent.
In case of his
death, resig-
nation, &c.
vacancy,
how filled.
Elections,
when regulat-
ed by the bye-
laws, &c.
Proviso.
Sect. 5. And be it further enacted by the authority aforesaid, That for the well or-
dering of the affairs of said corporation, there shall be ten directors, five of whom shall
be elected by the stockholders, and five by the state. The directors on the part of the
stockholders, after the first election herein after mentioned, shall, on the first Monday
in January, annually, be elected by the stockholders or proprietors of the capital stock
of the said corporation, and by plurality of the votes actually given in ; and those who
shall be duly chosen at any election shall be capable of serving as directors, by virtue
of such choice, until the end or expiration of the first of January next ensuing the time
of such election, and no longer; and the said directors, at their first meeting after each
election, shall choose one of their members as president, and in case of his death, re-
signation, removal from the state, or from the board of direction, the said directors
shall proceed to fill the vacancy by a new election for the remainder of the year : and
it is further provided, that in case it should at any time happen, that an election of di-
rectors should not be made upon the day, when pursuant to this act it ought to have
been made, the said corporation shall not for that cause be deemed to be dissolved, but
it shall be lawful on any other day to hold and make an election of directors, in such
manner as shall have been regulated by the rules and bye-laws of the said corporation :
And provided, that in case of the absence or removal of a director, his place may be
filled by a new choice for the remainder of the year by the remaining directors.
Forfeitures for
non-payment,
&c.
Sect. 6. And be it further enacted by the authority aforesaid, That if there shall
be a failure in the payment of any sum subscribed by any person, co-partnership or
body politic, when the same is required to be paid by this act, or when it shall be re-
quired to be paid by the directors, the share or shares on which such failure shall ac-
crue, shall for such failure be forfeited, and may be again sold and disposed of in such
manner as the directors shall order and provide, and the sums which m-ay have been
paid thereon shall enure to the benefit of the said corporation.
BANKS, INCORPORATED. 1818. 97
Sect. 7. And be it further enacted by the authority aforesaid, That the directors for (No. 56.)
the time being shall have power to appoint such officers and clerks under them, as shall Directors em-
& . . . powered to
be necessary for executing the business of the said corporation, and to allow them such appoint and
compensation for their services respectively as shall be reasonable, and shall be capable officers and
of exercising such other powers and authorities, for the well governing and ordering c erks ' &c *
the affairs of said corporation, as to them shall appear conducive to the interest of the
institution.
Sect. 8. And be it further enacted by the authority aforesaid, That Thomas Spalding, Commission
Jacob Wood, Philip Young, William A. Dunham, and Calvin Baker, the committee authorized^
under whom the book of subscription shall be opened in Darien, shall, and it is hereby r^measuresto
their duty, to take the necessary measures for carrying the said bank into immediate carrythebank
s . into immedi-
operation ; and they are hereby authorized to call in twenty-five per cent., to be paid in -ate operation.
gold, silver, or such other money as is receivable in the treasury of this state, on the call in 25per°
amount of subscription, within sixty days after the passage of this act, giving public Noticjeto be
notice thereof in the public gazettes of Darien and Milledgeville for thirty days ; and §» en -
as soon as one hundred thousand dollars, in gold and silver, shall have been received $100,000 in
on account of the subscriptions for the said stock, they shall cause to be elected by the have beVnre-
stockholders, five directors, and the persons who shall be then and there chosen shall holders nT*"
be the first directors, and. receive from the said commissioners the monev which shall ele ct5direc-
, . • x J tors, who shall
be received by them. receive the
money from
the com-
Sect. 9. And be -it further enacted by the authority aforesaid, That the following pinXmlntal
rules, restrictions, limitations, and" provisions, shall form and be fundamental articles rules -
of the constitution of the said corporation :
1st. The number of votes to which each stockholder shall be entitled shall be ac- Votes appor-
cording to the number of shares he shall hold, in the following proportion, viz : for one f n °g to tiS"^
share, one vote ; for two shares, and not exceeding five, two votes ; for every five ™ mheT of
shares above five, one vote ; Provided, that no person, corporation or body politic, shall No person en-
be entitled, in his, her or their own right, to more than thirty votes ; and after the first S^-.^K
election no share or shares shall confer a right of suffrage, which shall not have been
holden three calendar months previous to the day of election.
^ 2d. None but a stockholder, entitled in his own right to fifteen shares, and being a Qualification
citizen of this state, and not being a director of any other bank, shall be eligible as a of directors -
director; and if any one of the directors, after being elected, shall, at any time during whenadiree-
the term for which he shall have been chosen, cease to be a stockholder, his seat there- J^bet'stocE
upon shall become vacated : Provided, the above qualification be not necessary to the holder! his °
directors on the part of the state : Provided, that in case of a vacancy of any director pToWsT^
O
98 BANKS, INCORPORATED. 1818.
(No. 56.) on the part of the state, by death, resignation or otherwise, during the recess of the
Governor au- Legislature, then, and in that case, the Governor shall have the power of filling the va-
thonzed to nil A °
the vacancy of cancy, by appointing some fit and proper person.
any director
•n the part of the state, during- the recess of the legislature.
. ■
Compensation 3d. The directors shall make such compensation to the president for his service* as
of the presi- r
dent. shall appear to them to be reasonable-
What number 4th. Not less than five directors shall constitute a board for the transaction of busi-
shall consti-
tute a board of ness, of whom the president shall always be one, unless in case of sickness or necessary
^li rectors
absence, in which case his place may be supplied by any director, to be elected presi-
dent pro tern, by a majority of the board present.
Not less than 5th. Any number of stockholders not less than thirty, who together shall be proprie-
ers, possessing tors of two hundred shares or upwards, shall have power at any time to call a meeting
"ate 1 200^ S ' rC " °^ t ^ ie stockholders, for purposes relative to the institution, giving at least sixty days
shares or public notice in the public papers, specifying in such notice the objects of such meeting;
a general and in every such meeting of the stockholders there shall be appointed by the Governor
meeting.
Notice to be tnree nt an d proper persons, who shall have votes in proportion to the stock owned by
£ lven - the state, to attend as representatives of the state's interest in said bank.
Governor shall
appoint three persons to represent the state at such meetings.
Cashier to 6th. The cashier of the bank for the time being, before he enters on the duties of
give bond and
security. his office, shall give bond, with two or more securities, to the satisfaction of the direc-
tors, in a sum not less than forty thousand dollars.
What real 7th. The lands, tenements and hereditaments which it shall be lawful for the said
property the . ' ......
corporation corporation to hold, shall be only such as may be requisite for its immediate accommo-
ay c ' dation, in relation to the convenient transacting its business.
Debts of the 8th. The total amount of the debts which the said corporation shall at any time owe,
exceed three whether by bond, bill, note, or other contract, shall not exceed three times their capital
times the stock, over and above the amount of specie actually deposited in their vaults for safe
In case of ex- keeping ; in case of an excess, this charter shall be deemed and considered as forfeited
forfeited and to a ^ intents and purposes, and the directors under whose administration it shall hap-
the acting di- shall be liable for the same in their individual, natural and private capacities ; and
rectors mam- 1 ; ■ .
dually liable. an action of debt may in such case be brought against them, or any of them, their, or
any of their heirs, executors or administrators, in any court of record in the United
States, or of this state, having competent jurisdiction, or either of them, by any credi-
tor or creditors of said institution, and may be prosecuted to judgment and execution,
BANKS, INCORPORATED. 1818. 99
any condition, covenant or agreement to the contrary notwithstanding : but this shall (No. 56.)
not be construed to exempt the said corporation, or the lands, tenements, goods and T i xe 1 P ro P ert >
1 l - • , ° of the corpo-
chattels of the same, from being also liable for and chargeable with the said excess ; ration also
and such of the said directors who may have been absent when the said excess was In what w
contracted or created, or mav have dissented from the resolution or act wherebv the absent and
t J dissenting di-
same was so contracted or created, may respectively exonerate themselves from being rectors may
.. . exonerate
so liable, by having their dissent, if present, entered on the minutes of the said corpo- themselves
from liability,
ration.
9th. The directors shall have power to issue to the subscribers their certificates of stock, how
stock, which shall be transferable on the books of the cashier only by personal entry of
the stockholder, his legal representative or attorney, duly authorized by special power
for that purpose.
10th. The corporation shall in no case, directly or indirectly, be concerned in com- Corporation
merce or insurance, or in the importation or exportation, purchase or sale, of any goods, concerned in
wares or merchandize whatever, (bills of exchange, notes and bullion only excepted,) commerce > &c '
except such goods, wares or merchandize as shall be trulv transferred, conveved or „ , *'
x " J t j Goods, wares
pledged to them by way of security for money actually loaned by them and advanced, and merchan-
, . . . dize may be
or tor debts due to the said corporation, or purchased by them to secure such debts so held as securi-
due, or to effectjnsurance on the property that may belong to or be thus pledged to the cases! 1 ° ertam
said corporation for its security.
11th. The bills obligatory and of credit, notes and other contracts whatever, shall be Bills, notes,
binding and obligatory upon said corporation ; provided the same be signed by the pre- bahk°to be
sident, and countersigned or attested by the cashier of said corporation; and the funds pSdent 7 and
of the corporation shall be in no case held liable for any contract or engagement what- countersigned
,,,. ° by the cashier,
ever, unless the same be so signed and countersigned or attested as aforesaid ; and the otherwise the
books, papers and correspondence shall at all times be subject to the inspection of bSnftUable
the board of directors and stockholders, convened according to the provisions of Boo . ks > &c '
, . or subject to the
tnlS act. inspection of
the board and
stockholders.
12th. Dividends of the profits of the corporation, or so much thereof as shall be Dividends,
deemed expedient and proper, shall be declared and paid half-yearly," (the first half year detrmfnld.^
after the bank shall have been in operation excepted ;) and the said dividends shall, Capital stock
from time to time, be determined by a majority of the directors, at a meeting to be held paired ^ "*
for that purpose, and shall in no case exceed the amount of the nett proceeds actually
acquired by the corporation, so that the capital stock thereof shall never be im-
paired.
O 2
XOO BANKS, INCORPORATED. 1818.
(No. 56.) 13th. The directors shall keep fair and regular entries, in a book to be procured for
A book to be tna t purpose, of their proceedings, and on any question^ when two directors shall re-
kept in which . . . .
the directors quire it, the yeas and nays of the directors voting shall be duly inserted on their mi-
stisll tenter
their proceed- nutes, and these minutes to be at all times, on demand, produced to the stockholders,
m S s > c - when at a general meeting of the same it shall be required.
Duration of 14th. The corporation shall exist and .continue until the first day of January, one
tion COiP ° " thousand eight hundred and thirty-seven: and immediately after the dissolution of the
The affairs of said corporation, effectual measures shall be taken by the directors last appointed and
how settled acting, for closing all the concerns of the corporation, and for dividing the capital and
profits which may then remain owing the stockholders, according to their respective
interest.
after dissolu-
tion.
An office of 15th. The directors shall, within six months after said bank shall go into operation,
deposit to be establish an office of discount and deposit in the town of Milledgeville, and one at some
established in conven i e nt place contiguous to the Ocmulgee, within two years from the time the said
8qc. bank shall go into operation, for the purpose of discount and deposit only, and upon the
same terms and in the same manner as shall be practised at the bank which shall be esta-
blished in the town of Darien ; and at any time thereafter, to establish any one or more offi-
ces of discount and deposit, at any other place or places, at the discreton of the directors,
How regulat- or a majority of them, and to commit the management of said offices to such persons,
under such agreements, and subject to such regulations as they shall deem proper, not
contrary to law, or to the constitution of the bank ; and the amount of stock shall be appor-
tioned by the directors in the different branches, according to the exigencies of business.
Notesdiscoun- Sect. 10. And be it further enacted, That all notes discounted by said bank shall
ted to be made ^ e made pavable at the office where they are offered; and if the indorser or indorsers
payable at the r J J
office where li ve without the limits of the town where said bank or office of discount may be esta-
tflf V SLT6 OTTCr~
e d. blished, they shall be held and bound for the payment of the note, without any demand
Demand and Dem £ made of the drawer, or notice of its non-payment being served on them,
notice not ne- ° » r J o
pessary where
the indorsers live out of town.
Subscriptions, Sect. 11. And be it further enacted by the authority aforesaid, That the sums respec-
tively subscribed for shall be payable in the manner following, viz. twenty-five per
centum as before specified, and the remainder of the sum so subscribed at such time or
times as the directors of the said bank may require and direct; provided that sixty days
notice of the time at which payment is required to be made be given in the public ga-
Capital may zettes of Darien and Milledgeville ; and nothing herein contained shall prevent any
by the legis- future legislature from increasing the capital of this bank, if deemed necessary, to the
giooo 000. amount of one million of dollars more.
BANKS, INCORPORATED. 1818. 101
Sect. 12. And be it further enacted, That notes issued by the mother bank shall be (No, 56.)
made payable at the same, and the notes issued by any of its offices of discount and ^ ot t ? s lssu f^
deposit, shall be made payable at said offices ; and if the bank, or either of its offices of bank payable
. . . . . at the same.
discount and deposit shall at anytime fail or refuse to redeem their notes in specie, and Notes issued
the same shall be protested before any notary public, the Legislature may direct its pro- banks 6 to be
securing officer to commence an action, in any court having competent jurisdiction there- Payable at
of, for such violation, and on the fact being established, the charter may be declared Charter for-
r . • .... . . feited upon
and considered forfeited : Provided, that nothing herein contained shall prevent said any failure of
corporation, in case of a forfeiture of their charter, from suing and collecting, in their ban k and its
corporate capacity, all debts previously due them, and of being sued and compelled bnui ches to
to pay all debts due by said corporation. notes with
specie.
Proviso.
Sect. 13. And be it further enacted, That the persons and property of stockholders in Stockholders
~ ■ m \ individually
said bank shall be pledged and bound, in proportion to the amount 'of the value of responsible
shares that each individual or company may subscribe for or hold in said bank, for the f tne bank
ultimate redemption of the bills or notes issued bv and from said bank, in the same ,n proportion
1 i- J 'to the shares
manner as in common commercial cases, or simple actions of debt, and that the state be held by each.
. r • - State pledged
pledged for the ultimate redemption of the bills or notes of said bank, in proportion to for the re-
the amount of the value of shares that shall or may be subscribed for and held by said tbe notes of
t t the bank, in
autL proportion to
the shares it
may hold.
Sect. 14.. And be it further enacted, That Avhen any other bank, company, or corpo- when any
ration, shall apply at this bank, or any of its offices of discount and deposit, and demand ^™ ' * C "
specie in payment of the bills or notes, which said bank, company or corporation may f ie ° f P thls
hold on this bank, the said notes or bills shall and may be paid off, in the whole or a of its bills,
part, by this bank, or such of its offices of discount and deposit, in notes or bills which be paid off in
this bank, or such of its offices of discount and deposit may hold upon such bank, com- "he^ank^mak-
pany or corporation ; and the cashier of this bank, or such of its offices of discount and ™S su . ch a P"
. . plication,
deposit, may, if he requires it, demand an oath in writing of the person presenting said Any person
bills or notes for payment, that such notes or bills, so presented for payment, are not the P^ s ^ ntin S
property of any other bank, company or incorporation. ment, may be
make bath that said bills do not belong to any bank, &c.
Sect. 15. And be it further enacted, That it shall be the duty of the president and Notes at nine-
directors of the mother bank, and each of its offices of discount and deposit, to discount discounted, 6
notes at ninety days, without requiring that the drawer, or any one of the indorsers, j^"? and 6
should be residents of the town in which such bank or branch may be located ; Provided, indorsers may
live in the
said note or notes should be, in the opinion of the president and directors, safely and country.
sufficiently endorsed. Proviso,
102
BANKS, INCORPORATED. 1818, 1819.
The corpora-
tion to be un
der the con-
trol of the
legislature.
(No. 56.) Sect. 16. And be it further enacted, That nothing contained in this act shall be so
construed as to take the power of controlling said institution out of the Legislature ;
but the Legislature shall at all times have the power of arresting or suspending said
charter, whenever it shall be made appear that the said incorporation has not complied
with all or any of the aforegoing provisions.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate.
Assented to, 15th December, 1818.
WILLIAM RABUN, Governor.
(No. 57.)
AN ACT
Providing for the payment of instalments now due, and hereafter to become due,
on stock in the Bank of Darien, and vesting certain funds in the stock of said
Bank.
A part of the
free school
fund to be
vested in Da-
rien Bank
stock.
§100,000 of
the internal
navigation
fund to be so
vested.
A sum appro-
priated for fu-
ture instal-
ments.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That his excellency the Governor be, and he is authorized and required to vest in said
stock the sum of one hundred thousand dollars, of the fund heretofore set apart for
the establishment and support of free schools ; and that his excellency aforesaid be, and
he is authorized and required to vest in said stock, the sum of one hundred thousand
dollars of the funds heretofore set apart for the improvement of the internal navigation
of this state.
Sect. 2. And be it further enacted, That the further sum of one hundred and seventy-
five thousand dollars be, and the same is hereby appropriated, to be drawn for from
time to time, as future instalments shall be required.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
JOHN CLARK, Governor.
Assented to, 18th December, 1819.
C ios ]
BANKS, UNCHARTERED, AND CHANGE BILLS.
AN ACT*
To prevent the circulation of notes emitted by unchartered banks, and the issuing
of due bills of certain descriptions, and to compel the chartered banks of this
state to resume specie payments, whenever the Bank of the United States, and
the banks of the adjoining states, shall commence specie payments ; and also to
require of them to redeem their notes, under five dollars, with specie or change
bills issued by some one of said chartered banks.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That from and after the passage of this act, it shall not be lawful for any asso- Unchartered
ciation or company of persons, within this state, not having a charter incorporating such t ° issu^en-"
association or company, and vesting them with authority to trade or deal as a bank, to Yv\\ A°\\*
issue, or cause to be issued, put into circulation, or cause to be put into circulation, any or a larger
, - sum.
engraved note or bill, intended to represent a bank note, for the sum of two dollars, or
for any greater sum, whether payable to bearer or order, or made payable in any other
manner. And it shall be lawful for any person holding any such engraved note or bill, 25 per cent.
issued after the passage of this act, to recover thereupon, from the person or persons on such notes
issuing or signing the same, on warrant or summons, before a justice of the peace, or ove , r andaboye
by suit in any court of law of this state, having jurisdiction thereof, twenty-five per
centum over and above the full amount for which such engraved note or bill may be
given..
* See act of 1818, No. 59, altering and amending this act. Also act of 1818, No. 60, on the subject of
change bills, and bills issued by unchartered banks. See also the tax acts of 1817-18-19.
104
BANKS, UNCHARTERED, AND CHANGE BILLS. 1816.
And whereas, a practice pernicious to the community has prevailed with corpo-
rate bodies, companies and individuals in this state, of putting in circulation small
notes or due bills, to supply the deficiency of change ; which pernicious practice is cal-
culated to defeat the object it proposes to remedy, by expelling from circulation the
small coins, and is productive of other serious evils : for remedy whereof,
(No. 58.)
Preamble to
section 2d.
Treble the
amount reco-
verable upon
all change bills
for less than
g2, (except
those issued
by the incor-
porated
banks.)
How reco-
verable.
Sect. 2. Be it enacted by the authority aforesaid, That if any person or persons,
body politic or corporate, (other than the incorporated banks of this state,) shall
after the passage of this act issue, or cause to be issued, put into circulation, or cause
to be put into circulation, any engraved or printed note, due bill, ticket or change bill,
evidencing, or intended to evidence, that any sum less than two dollars is due, or will
be paid, to any person receiving or holding such engraved or printed note, due bill,
ticket or change bill, or to any other person, it shall be lawful for- any person holding
such engraved or printed note, due bill, ticket or change bill, to recover thereupon three
times the amount thereof, either from the person or persons, company, body politic or
corporate, who shall put into circulation, or cause to be put into circulation, such en-
graved or printed note, due bill, ticket or change bill, or from any person who may
have signed or countersigned the same. Such recovery to be had by warrant or sum-
mons, before a justice of the peace ; and on the trial of every such warrant or summons,
if the note, due bill, ticket or change bill, be in part or in whole engraved or printed, it
shall be conclusive evidence of an intention to violate this act.
The amount
of such change
bills hereto-
fore issued to
be returned
upon oath to
the tax receiv-
er by the per-
sons, &.c. who
issued them.
20 per cent,
thereon to be
paid to the
tax collector.
Forfeiture for
not making 1 re-
turns.
How reco-
verable.
Treble the
amount reco-
verable hf
persons hold-
ing change
bills not re-
turned.
Sect. 3, And be it further enacted, That where such printed or engraved notes, due
bills, tickets or change bills, have heretofore been issued within this state, for any
amount less than two dollars each, it shall be the duty of the person or persons, body
politic or corporate, (other than the incorporated banks,) issuing or signing the same, to
make due return upon oath, on or before the first day of June next, to the receiver of
tax returns of their respective counties,' of the amount of such notes, due bills, tickets
or change bills, in circulation, (to the best of their knowledge,) at the time of making
said return ; and shall pay to the tax collector of the proper county 20 per centum on
the amount aforesaid ; and on failure to make such return as is herein required, the per-
son or persons, company, body politic or corporate, so neglecting, shall forfeit and pay
the sum of five hundred dollars for the use of this state ; to be recovered as is prescrib-
ed in cases of executions issued by tax collectors of this state ; which executions may
be issued against, and levied on the individual property of any or all the parties con-
cerned. And it shall moreover be lawful for any person holding the note, due bill,
ticket or change bill of any person or persons, company, body politic or corporate, so'
taxed, who may have omitted to make the return on oath to the tax receiver, as required
by this act, to recover by warrant or summons, before a justice of the peace, from the
person or persons, company, body politic or corporate, who have issued or signed such
BANKS, UNCHARTERED, AND CHANGE BILLS. 1816. 105
note, due bill, ticket or change bill, treble the amount thereof: Provided, that where the (No. 58.)
same notes, due bills, tickets or change bills, have been signed or issued by different per- Proviso,
sons, the faithful return of the amount in circulation, and the payment of the tax by either
of the signers or issuers, shall exonerate all other persons concerned in signing or issuing
such particular parcel of notes, due bills, tickets or change bills, from the penalties impos-
ed by this act against those neglecting to make return of the notes, due bills, tickets or
change bills, subject to taxation.
Sect. 4. And be it further enacted, That the incorporated banks of this state be, and Banks of this
, . . . state to pay
they are hereby required to pay specie for their notes in circulation, whenever the Bank specie, when
of the United States, and the banks of the adjacent states, shall commence specie pay- Bank ' and
ments ; and for the purpose of supplying, in the mean time, a proper circulating medium others shall do
of change, it is hereby required of the several incorporated banks in this state to pay, #\\] s un der
after the 20th February next, all notes issued by them under the amount of five dollars, £ ve d .°. 11 . arsto
J J 'be paid in spe-
in specie, or in small bills issued by some one of said incorporated banks, under the cie, or small
change bills
amount of one dollar, whenever any person presenting notes of the denomination first of incorporat-
aforesaid, shall demand change ; and on failure of either of the incorporated banks of 2 5
this state to pay specie for their notes, when the bank of the United States, and the interest reco-
verable upon
banks of the adjoining states, shall commence specie payments ; or on their refusal, or bills protested
the refusal of any one of them, to pay out small change as aforesaid, it shall be lawful m ent, agreea-
for any person holding the notes of either of said banks, for which such payment is re- bly to thlsact
fused, to have such notes protested for non-payment before a notary public, and to re-
cover interest on the same from the date of such protest, until paid in specie or small
change, as the case may be, at and after the rate of twenty-five per centum per annum.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 19th December, 1816.
D. B. MITCHELL, Governor.
106 BANKS, UNCHARTERED, AND CHANGE BILLS. 1818.
(No. 59.) AN ACT
To alter and amend an act, entitled " An act to levy a tax for the support of
government, for the political year 181 6" passed on the IQth December, 1815;
and also to alter and amend an act passed on the 19th December, 1816, entitled
"An act to prevent the issuing of notes emitted by unchartered Banks," and for
other purposes.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the
issuers of same, That all and every person or persons, who may have incurred the penalty of five
change bills # .; ■ .. r J
relieved from hundred dollars under either or both of the above recited acts, be, and they are hereby
the forfeitures l , ■- ,, .-, '-. .., ,. t, .1 - "•■'"» ,
incurred un- exonerated, released and lully discharged trom the same, except such persons as conti-
der thereot- nue( j to i ssue or circulate change bills after the first of March, 1817, who shall make
CCi 3.CTS.
Exception. oath of the fact before some justice of the peace, or of the Inferior Court: Provided,
Oath to be sa id person or persons do, on or before the first day of January next, make a return,
made.
p • under oath, to the best of his, her or their belief, to the tax collector of their respective
Returns to be counties, of the amount of change bills which he, she or they had in circulation on the
first day of January, 1816, and on the first day of January, 1817; And provided also,
20 per cent, that such person or persons shall and do, at the time of making said return, pay to the
taxtobepaid- sa id t ax co u ec tors respectively twenty per centum upon the amount so in circulation,
and shall also pay all legal costs which may have accrued thereon.
Persons in de- Sect. 2. And be it further enacted by the authority aforesaid, That in all cases
bond and se- where the person or persons so in default shall tender to the proper officer a bond, with
f e^th re su ffi c i ent security, to comply with the foregoing provisions of this act, it shall be the
property. duty of such officer to surrender up the property which he may have levied upon, and
also to discontinue all further proceedings thereon, until after the first day of January
next.
Tax collector Sect. 3. And be it further enacted by the authority aforesaid, That it shall be, and
returns^and' * s nere by made the duty of the tax collector of each county, when proper application
administer the s hall be made to him, to receive said returns, and to administer said oath.
oath. '
BANKS, UNCHARTERED, AND CHANGE BILLS. 1818.
107
Sect. 4. And be it further enacted by the authority aforesaid, That all laws and (No. 59.)
parts of laws militating against this act, be and the same are hereby repealed. clause. " S
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
* President of the Senate.
Assented to, December 8th, 1818.
WILLIAM RABUN, Governor.
AN ACT
(No. 60.)
More effectually to prevent the evils of private banking, and to stop the issuing
and circulation of the bills and notes of unchartered Banks, private bankers :
and the bills and notes usually called change bills.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That it shall not be lawful for any person, association of persons or body corpo- Unchartered
rate, from and after the first day of January, eighteen hundred and twenty, to keep any P i" va t e a bank-
banking house, room* shop or office, office of discount and deposit, or of discount only, in S prohibit-
or of deposit only, or any room, house, shop or office, for the purpose of carrying on
any kind of banking, or operations which incorporated banks are authorized by law to
carry on, or to issue, emit, circulate, lend, pass, pay or tender in payment, as private
bankers, any bills or promissory notes of private bankers, incorporated or unincorpo-
rated banks or banking companies, copartnership or association, by whatsoever name
it may be called, unless thereto specially authorized by law ; and in case any person or
persons, copartnership, association or body corporate, shall contravene the foregoing-
provisions, every such person or persons, and every member of such copartnership, as-
sociation or body corporate, who shall, either directly or indirectly, assent thereto, shall
forfeit the sum of one thousand dollars, to be sued for in the name of the state of Geor
gia, by the attorney general or solicitor general in the several circuits, and reco
vered by an action of debt or on the case, in any court of competent jurisdiction in How recover-
this state, with costs ; and one half of said forfeiture, when recovered, shall be paid to one half to the
the use of the state, and the other half to the use of the informer ; and everv dav during state ; the ,
J J o other to the
which, or during any part of which, such prohibited banking house, room, shop or informer,
office, is kept open, or such prohibited business, or any of it, transacted therein, shall
P 2
Forfeiture for
breaches of
this law.
108 BANKS, UNCHARTERED, AND CHANGE BILLS. 1818.
,* .. . i . . ' . — i. • • ..... . ■ ■.n.^.-,,
(No. 60.) constitute a hew, separate and distinct offence, and shall be liable to a new, separate
What shall anc | distinct penalty; and every promissory note discounted, and every note or bill in
parate and dis- the likeness of a bank note or bill, whether payable to order or bearer, or in whatever
tinct breaches. . . . •.
shape or terms the same be conceived, which shall be so as aforesaid issued, emitted,
circulated, lent, passed, paid or tendered in payment, contrary to the spirit, true intent
and meaning of this act, shall constitute a new, separate and distinct offence, and shall
be liable to a new, separate and distinct penalty.
On the failure Sect. 2. And be it further enacted, That from and after the first day of January,
of any person, e }ghteen hundred and twenty, if any incorporated company, not authorized by law to
thorized to issue bills and notes, unincorporated bank, or any private banker, banking company, co-
issue bills, to + .*•■_■-.',
pay their bills partnership or association, by whatsoever name the same may be called, shall refuse or
bills of the 1 neglect to pay on demand, in gold or silver, or in bills of any chartered bank of Geor-
chartered ^^ an ^ ^j Qr ]^[\\ s i ssuec j by such incorporated company, unincorporated company, co-
state, the partnership or association, by whatsoever name the same may be called, issued, paid and
holder may .
recovers^ per loaned, after the first day of January, eighteen hundred and twenty, shall be liable to
montlf there- P a y to tne holder of such bill or bills, note or notes, two and a half per cent, per month,
on - upon the amount of bill or bills, note or notes, so demanded, to be recovered by action
How recover- . _ ..... . . .
ed. of debt or on the case, in any court ol competent jurisdiction ; and in any such action
so brought by the holder of any bill or bills, note or notes, so demanded, and so refused
to be paid in gold or silver, for two and a half per cent, per month, on the amount of
Defendant not said bill or bills, note or notes, and for the amount of said bill or bills, the defendant or
plead non- defendants shall not be allowed to plead or avail him or themselves, in any state of said
joinder, &c. ^.^ q £ ^ non _j i nc i er f other partners, joint promissors or contractors, but the suit
or action shall proceed against the person or persons sued, as if he or they alone had
promised or contracted; and the private and individual property of the defendant or
defendants shall be subject to the execution issuing upon such suit or action.
No part of this Sect. .3. And be it .further enacted. That nothing herein contained shall authorize
law to author- , . • , • r u 1 V
ize the esta- any person or persons, copartnership, association oi persons or body corporate, not
WishmenMsc. spec i a Hy. authorized by law, who had not kept an office of deposit and discount, or dis-
oruncharter- count only, or who had not emitted, circulated, lent, passed and paid, bills and notes,
ed bank. ■ ' , ' . -' ' , • _ _ - ,
as bankers or discounters, previous to the first day of November, eighteen hundred and
eighteen, to keep any office of discount and deposit, or discount only, or to emit, cir-
culate, lend, pass or pay, any bills and notes, or bills or notes ; but if any person or
persons, copartnership, association of persons or body corporate, not specially authorized
by law, who had not kept an office of discount and deposit, or discount only, or who
had not emitted, circulated, lent, passed and paid, bills and notes, as bankers or dis-
counters, previously to the first day of November, eighteen hundred and eighteen, shall
keep an office of discount and deposit, or discount only, or shall emit, circulate, lend,
BANKS, UNCHARTERED, AND CHANGE BILLS. 10 9
pass or pay, as bankers or discounters, any bills and notes, or bills or notes, after the (No. 60.)
first day of March, eighteen hundred and nineteen, such person or persons, copartner-
ship, association of persons or body corporate, shall forfeit the sum of one thousand Forfeiture for
dollars, to be sued for and recovered, and vested as the forfeiture in the first section of the foregoing
this bill ; and every day during which, or any part of which, such prohibited office of prc
discount and deposit, or discount only, is kept open, or such prohibited business, or any
part of it, transacted therein, shall constitute a new, separate and distinct offence, and
shall be liable to a new, separate and distinct penalty ; and every promissory note dis-
counted, and every note or bill in the likeness of a bank note or bill, whether payable
to order or bearer, or on demand, or in whatsoever shape or terms the same may be
conceived, which shall be so as aforesaid issued, emitted, circulated, lent, passed, paid,
or tendered in payment, contrary to the spirit, true intent and meaning of this act, shall
constitute a new, separate and distinct offence, and shall be liable to a hew, separate and
distinct penalty.
Sect. 4. And be it further enacted, That if any person or persons, copartnership, as- Penalty for
sociation of persons or body corporate, not specially authorized by law, shall, after the changelbills
first day of October next, issue, emit or lend, any bill or note, under the specified value j n i] one
of one dollar, such person or persons, copartnership, association of persons or body,
shall forfeit the sum of one hundred dollars for each bill or note so issued, emitted or
lent, to be sued for, recovered and vested, as the forfeiture mentioned in the first sec-
tion of this act.
Sect. £. And be it further enacted, That all laws or parts of laws, repugnant to this, Repealing-
be and the same are hereby repealed.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 19th December, 1818.
WILLIAM RABUN, Governor,
110
BANKS, UNCHARTERED, AND CHANGE BILLS. 1819.
(No. 61.)
AN ACT
Mark Donald
Clark and
Matheson re-
lieved from
the penalties
of the recited
acts, upon
certain condi-
tions.
To relieve certain persons, who are hi default as change bill issuers, herein
mentioned, from the penalties incurred by the acts of eighteen hundred and
sixteen and eighteen hundred and seventeen.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That Mark Donald Clark, who petitions for self and Matheson, to be relieved from the
penalty imposed upon them as change bill issuers, in the year eighteen hundred and
sixteen, and as defaulters in the year eighteen hundred and seventeen ; that from and
after the passing of this act, the said Mark Donald Clark and Matheson are fully ex-
onerated, released and discharged from the fine or" fines which they have incurred, un-
der either or both of the acts as above mentioned, upon the payment of twenty per
centum upon the sum of three hundred and fifty dollars, with eight per centum interest
on the same from the time of first incurring such penalty or penalties.
Their proper-
ty to be
restored.
Sect. 2. And be it further enacted by the authority aforesaid, That all the property
which has or may now be seized, or that has become subject by execution or otherwise,
under the laws of eighteen hundred and sixteen and eighteen hundred and seventeen,
belonging to the said Clark and Matheson, shall be restored to them, upon the payment
of all costs which have accrued, and the receipt of the treasurer of this state, or of the
tax collector in such county where they have become subject as defaulters, being pro-
duced to the officer having such property in possession ; any law or resolution to the
contrary notwithstanding be and the same are hereby repealed, with respect to the per-
sons herein mentioned.
DAVID ADAMS,
Speaker of the House of Representatives,
• MATTHEW TALBOT,
President of the Senate.
Assented to, 23d November, 1819.
JOHN CLARK, Governor.
BANKS, UNCHARTERED, AND CHANGE BILLS. 1819. m
AN ACT (No. 6
For the relief of the City Council of Augusta, and other change bill issuers therein
mentioned.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Gear-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
the city council of Augusta be, and they are hereby liberated and exonerated from all The city
the pains and penalties of an act passed the sixteenth day of December, 1815, and all Augusta re-
amendatory acts to said act, laying a tax on issuers of change bills, any thing in the certa i n penal-
said acts to the contrary notwithstanding. ties -
Sect. 2. And be it further enacted by the authority aforesaid, That the Change Company The Change
of Augusta and Cosby Dickinson of said city, be, and they are hereby relieved from Augustafand
the penalties of said before recited acts ; Provided, they shall, on or before the first dav Cost) y Dlckin *
x . son relieved
of January next, make a statement on oath to the receiver of tax returns of the county from certain
of Richmond, in conformity to the law passed in 1818, and in ten days thereafter pay to curred as
the tax collector of said county the tax as required by said law. issuers, *
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 21st December, 1819.
JOHN CLARK, Governor,
**
Law Library
[ 112 ]
BOAT HANDS.
AN ACT
Preamble.
Owners of
boats running
from Augusta
to the head
waters of Sa-
vannah river
required to
give a bill of
lading, &c.
which may be
examined by
any free white
person.
Penalty for
not furnishing
such bill of
lading, and for
the pati"oon's
not showing
it.
How disposed
of.
For the better regulation of Boats and Boats' Crews navigating the Savannah
River, from the city of Jlugusta to the head waters of said river.
WHEREAS, the inhabitants of this state, residing on or near Savannah river, com-
plain of serious injuries inflicted on their rights and property by boats' crews navigat-
ing the waters aforesaid : for remedy whereof,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority, of the same, That
from and after the first day of January next, it shall be the duty of all owners or agents
of boats employed in the navigation of the aforesaid waters, to grant to each and every
boat respectively, previous to its departure from the landing or wharf, a certificate or
bill of lading, showing its destination and contents, the name of its patroon and con-
signee, which certificate or bill of lading shall at all times be subject to the examination
of any free white person or persons requiring the same.
Sect. 2. And be it further enacted, That if any owner or agent as aforesaid shall
neglect or refuse to furnish the certificate or bill of lading required by this act, or the
patroon, upon application, or being required by any free white person as aforesaid, shall
refuse to exhibit his certificate or bill of lading as aforesaid, the owner of such boat or
boats shall, for every such refusal or neglect, be liable to indictment in the Superior
Courts of this state, and on conviction thereof forfeit and pay the sum of fifty dollars,
one half thereof to the use of the informer, and the other half to the use of the countv
where such conviction shall take place.
BOAT HANDS. 1815. 113
Sect. 3. And be it further enacted, That owners of boats navigating the waters (No. 63.)
aforesaid, shall be liable and compelled to pay for all pillages and thefts committed by gSta^^J
their respective crews, on conviction of the offender or offenders. of'thd^bo^
hands.
Assented to, 4th December, 1815.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate,
D. B. MITCHELL, Governor.
AN ACT* (No. 64.)
To 'prevent Boat owners or Patroons from permitting Boat hands, or other ne-
groes, from trafficking in corn or other produce, or from carrying the same to
market on board of the boats accustomed to navigate the river Savannah, between
Augusta and Savannah.
WHEREAS, the practice of permitting negroes on board of the boats navigating the Preamble,
Savannah river, to carry corn, cotton, or other produce to market, as their own property,
has been found, by fatal experience, to be an encouragement of theft : And whereas, it
is right and proper, that such encouragement should not any longer be held out to this
description of persons : for remedy whereof,
Sect. 1. BE it enacted by trie Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That from and after the passing of this act, it shall not be lawful for any owner Boat hands
rr • • not suffered to
or patroon of a boat to suffer or permit any boat hand or negro, being a slave, to put pu t on board
on board their boat, whereof he is owner or patroon, any corn, cotton, peas, or other duce^r to °
article of produce, as the property of such boat hand or negro, for the purpose of car- traffic therein
rying the same to Savannah or elsewhere to market, or for sale ; nor shall such owner
or patroon suffer the boat hands, or other negroes, being slaves as aforesaid, on board
* This act altered, and extended by act of 1817, No. 65.
Q
114
BOAT HANDS. 1816.
(No. 64.) of their boat or boats, to barter or trade, the one with the other, in any article of pro-
duce as before enumerated, under any pretext whatever.
Boat owners Sect. 2. And be it further enacted by the authority aforesaid, That any owner or
or patroons,
suffering vio- patroon, offending against the provisions of the first section of this act, shall be subject
foregoing- pro- to indictment in the Superior Court of the county in which the offence shall be com-
t^finelTd m i tte d J an d upon conviction thereof, shall be fined or imprisoned, or both, at the dis-
imprisonraent. cretion of the court before whom such indictment shall or may be tried.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate,
Assented to, 13th December, 1816.
D. B. MITCHELL, Governor.
(No. 65.)
AN ACT
To alter and extend an act, entitled An act to prevent Boat owners or Patroons
from permitting boat hands, or other negroes, from trafficking in corn or other
produce, or from cairying the same to market on board of the boats accus-
tomed to navigate the river Savannah, between Augusta and Savannah.
The provi-
sions of the
recited act ex-
tended to all
navigable ri-
vers, &c.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That from and immediately after the passing of this act, the before recited
act shall be held, deemed and considered in full force, from Augusta to the head navi-
gation of Savannah and Broad rivers, and in all the rivers that now are, or hereafter
may be, made navigable in this state.
Penalties of
the recited
act extended,
Sec. &c.
Sect. 2. And be it further enacted by the authority aforesaid, That if any owner or
patroon of any boat, accustomed to navigate between the head navigation of said Sa-
vannah and Broad rivers to Augusta, or in any other river that now is, or hereafter may
be made navigable in this state, shall offend against the first section of the before recited
act, shall be subject to all the pains and penalties contained in the second section of
said act.
BOAT HANDS. 1817.
115
Sect. 3. And be it further enacted, That all or any offence against this act, or the (No. 65.)
one to which it is amendatory, shall be tried and punished in any or either of the coun- Offences
c ' ' • rr -i against this
ties of this state, adjoining the water-course on which the offence was committed. and the recit-
ed act, where
to be tried.
Sect. 4. And be it further enacted, That the aforesaid act shall be held, deemed and Extending
considered as extending to all rivers that now are, or hereafter may be made navigable
in this state.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate,
Assented to, 10th December, 1817,
WILLIAM RABUN, Governor,
Q 2
C 116 ]
BRIDGES, TOLL.
AN ACT
To secure to Sarah M c Leod the exclusive light and privilege of erecting a Bridge
over the Ohoope* river.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
A toll bridge gia, in General Assembly met, and by the authority of the same, That the exclusive right
ed across an d privilege of building a bridge over the river Ohoopee, at or near where a ferry is
S hM«L d now ' ce P t ky Sarah M c Leod, shall be, and the same is hereby vested in the said Sarah
and vested in M c Leod, her heirs and assigns forever : Provided, the said Sarah M c Leod, or her assigns,
her, &c. . p ' ■ -
Proviso shall within five years erect a good and sufficient bridge, for the passage of travellers,
with waggons, horses, &c. ; and if, at any time after building the said bridge, the owner
thereof shall suffer the same to go out of repair for the space of three years, then the
benefits intended by this act shall be forfeited, and until the said bridge is erected a
ferry shall be kept at the place aforesaid.
No other per- Sect. 2. And be it further enacted, That it shall not be lawful for any person or
any bridge persons whatever to erect a bridge over the said river, within three miles up or down
within a cer- ^g sa ' c j r j ver f rom the place herein before mentioned ; any thing in any law to the con-
tain distance r J ° J
of the one trary notwithstanding,
aforesaid.
Sect. 3. And be it further enacted, That the said Sarah M c Leod, her heirs and as-
signs, shall and may receive and take the several sums herein after specified, as toll or
Toll rates. ferriage at the place aforesaid, that is to say: For every foot passenger, six and a quarter
cents ; for each man and horse, twelve and a half cents ; for each single horse led or
drove, six and a quarter cents ; for each chair or sulkey, twenty-five cents ; for all four
wheel pleasure carriages, fifty cents ; for each waggon, team and driver, fifty cents j for
BRIDGES, TOLL. 1811. 117
a rolling hogshead, including horse and driver, twenty-five cents ; for each cart, horse (No. 66.)
and driver, twelve and a half cents ; for each head of cattle, two cents ; for each head
of hogs,* sheep, goats, &c. one cent.
a
ROBERT IVERSON,
Speaker of the House of Representatives .
MATTHEW TALBOT,
President of the Senate.
Executive Department, Georgia.
Assented to, 13th December, 1811.
D. B. MITCHELL, Governor.
AN ACT (No. 67.)
To authorize Colonel Pascal Harrison, his heirs and assigns, and the heirs and
representatives of George duff, deceased, to build a Toll Bridge across the Oco-
nee river, at or near the mouth of the Appalachee river.
Sect. 1. BE it enacted by the Senate and House of Representatives of the State of
Georgia, in General Assembly met, and by the authority of the same, That Colonel Certain per-
Pascal Harrison, his heirs and assigns, and the heirs and representatives of George ec j to ^w^ a
Cluff, deceased, are hereby authorized to build a toll bridge across the Oconee river, bridge
at or near the mouth of the Appalachee river. Oconee, near
the mouth of
across the
Oconee, n<
the mouth
Appalachee.
Sect. 2. And be it further enacted, That the said Pascal Harrison, his heirs and
assigns, and the heirs and representatives of the said George Cluff, deceased, shall hold
the said bridge and all the profits arising therefrom, and be entitled to receive and may
lawfully demand from travellers passing over said bridge, the following rate of toll : For T °H Rates,
every four wheel carriage twenty-five cents ; for each two wheel carriage twelve and a
half cents ; for each rolling hogshead, twelve and a half cents ; for each man and horse
(or rider) six and a quarter cents ; for each and every other horse, mule, cattle, sheep,
hog or goat, one cent per head.
Sect. 3. And be it further enacted, That the said Pascal Harrison, and the heirs or Said persons
• t.O 2*1 Vt? DOTIQ
representatives of the said George Cluff, deceased, shall give their bond, with sufficient ant i security
security, to the Inferior Courts of Greene and Morgan counties, under the penalty of bridjem* lt~
pair, &c,
XX8 BRIDGES, TOLL. 1811.
9
(No. 67".) one thousand dollars, to keep the said bridge in good, safe, passable repair, (casualties
excepted.)
This law not Sect. 4. And be it further enacted, That nothing herein contained shall go to
powers of the affect the powers confided by law to the navigation company of said river Oconee.
Oconee navi-
gation compa-
" y " ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Executive Department, Georgia.
Assented to, 13th December, 1811.
D. B. MITCHELL, Governor.
(No. 68.) AN- ACT
To authorize Joseph Cooper to erect a Toll Bridge across the Oconee river, at or
near his mills, on his own land.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and by the authority of the same, That Joseph
Joseph Coop- Cooper, his heirs and assigns, shall have a right to erect a toll bridge over the Oco-
to erect a toll nee river, at or near his mills, on his own land, and is authorized to receive the follow-
rnillf on the 3 m S to ^> v * z : ^ or evei 7 loaded waggon and team, fifty cents ; for every empty waggon
Oconee. an( j team? thirty-seven and a half cents ; for every loaded cart and three horses, twenty-
five cents j for every empty cart and three horses, eighteen and three quarter cents ; for
every loaded cart and two horses, eighteen and three quarter cents ; for every empty
cart and two horses, twelve and a half cents ; for every cart and one horse, twelve
and a half cents ; for every man and horse, six and one quarter cents ; for every chair
or sulkey, twenty-five cents ; for every four wheel pleasure carriage, fifty cents ; for
every rolling hogshead, twenty-five cents ; for every head of neat cattle, two cents ; for
Rates of Toll.
BRIDGES, TOLL. 1811. 119
every head of hogs, sheep or goats, one cent ; any law, usage or custom to the contrary (No. 68.)
notwithstanding.
ROBERT IVERSON,
Speaker of the House of Representatives ,
MATTHEW TALBOT,
President of the Senate,
Executive Department, Georgia.
Assented to, 16th December, 1811.
D. B. MITCHELL, Governor.
AN ACT (No. 69.)
To secure to John M c Kinne and Henry Shultz, their heirs and assigns, the ex-
clusive right to a Bridge across Savannah river, at or near Augusta.
WHEREAS, John M c Kinne and Henry Shultz have, by their memorial, made it Preamble,
known to the Senate and House of Representatives of the state of Georgia, that they
have at very considerable expense, and with great personal attention, erected a strong,
elegant and substantial bridge across the river Savannah, at the city of Augusta, well
calculated to facilitate the intercourse of this state with the state of South Carolina, and
of consequence of great public utility and convenience, and stating that they are now
the proprietors of said bridge, and praying that they may be secured in the exclusive
right to the same. And whereas, it is just and proper that the fostering and protecting
arm of the government should be extended to all such valuable undertakings ;
Sect; 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of
the same, That the exclusive right of erecting, having or keeping a bridge across the Exclusive
river Savannah, at Augusta, or within four miles thereof, either above or below said jj^ I ° n <eeP
city, be, and the same is hereby vested in John M c Kinne and Henrv Shultz, their heirs brid S e a , cr ° ss
• . J Savannah ri-
and assigns, as tenants in common, and not as joint tenants, for, during and until the ver, at or with-
lull end and term 01 twenty years from and alter the passing of this act : Provided, that of Augusta,
the said John M'Kinne and Henry Shultz shall keep the said bridge in good repair : SSfiiuje and"
And provided also, that nothing herein contained shall operate to defeat, or in the slight- ? en iZ shultz >
est manner to impair, the right of the trustees of the Richmond Academy to the ferry Proviso.
Proviso,
120
BRIDGES, TOLL. 1814.
(No. 69.) landing at Augusta: And provided also, that the consent of the said trustees be obtained.
Provided also, that nothing contained in this act shall be so construed as to prevent the
running of a ferry-flat at Wallicon's ferry, or at Campbellton.
Proviso.
Sect. 2. And be it further enacted by the authority aforesaid, That it shall and may
be lawful for the said John M e Kinne and Henry Shultz, their heirs and assigns, to de-
mand, have and receive the following toll, and no more, at their said bridge, for the
Rates of toll, term aforesaid, to wit: For every waggon and team, seventy-five cents ; for every four
wheel carriage, seventy-five cents ; for every two wheel carriage, thirty-seven and a half
cents ; for every cart, thirty-seven and a half cents ; for rolling hogsheads of any kind,
twenty-five cents ; for a man and horse, twelve and a half cents ; for a man on foot,
six and a quarter cents ; for every horse or cow, six and a quarter cents ; for every
hog, goat or sheep, four cents.
No bridge to Sect. 3. And be it further enacted by the authority aforesaid, That no other bridge
be erected
within four across the Savannah river shall be established or permitted, on any pretence what-
gusta on sa'id ever, within four miles of the city of Augusta, either above or below the said city, unless
river, without ^ ^e consent and approbation of the said John M e Kinne and Henry Shultz, their
the consent ot J A * J
M c Kinne and heirs or assigns, during the continuance of the exclusive right hereby vested in the
said John M c Kinne and Henry Shultz, their heirs and assigns.
How said ex-
clusive right
may become
void.
Sect. 4. And be it further enacted by the authority aforesaid, That if the bridge so
erected by the said M c Kinne and Shultz shall be destroyed by freshets or otherwise,
and shall not be again rebuilt within two years thereafter, or if the said bridge shall,
from want of repairs or from any other cause, be impassable for the space of two years
at any one time, then and in such case, the right hereby vested in the said John
M c Kinne and Henry Shultz, shall immediately thereafter cease, determine and become
void, as if this act had never passed.
Repealing
clause.
Sect. 5. And be it further enacted by the authority aforesaid, That all acts and parts
of acts militating against this act, be, and the same are hereby repealed.
Assented to, 9th November, 1814.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
JARED IRWIN,
President of the Senate.
PETER EARLY, Governor.
BRIDGES, TOLL. 1815. X21
AN ACT (No. 70.)
To secure to John Beck, his heirs and assigns, the right to erect a bridge across
Savannah river, at his own ferry.
WHEREAS, the legislature of the state of South Carolina did, at their last session, Preamble,
grant unto John Beck the right to build a bridge across the Savannah river at his own
ferry : And whereas the said John, by his petition to this legislature, has prayed for a
grant on the part of this state, and believing it will be of public utility in facilitating
the intercourse between the most commercial cities of the two states;
Sect. 1. BE it enacted by the Senate and House of Representatives of the state jf
Georgia, in General Assembly met, and it is enacted by the authority of the same, That John Beck
the said John Beck, his heirs and assigns, shall have the right and privilege of erecting a erect a^toll
bridge across the river Savannah, at his own ferry, on his or their own lands : Provided, hnd 8* or } Sa "
° i j i . , vannah nver.
the said John Beck, his heirs or assigns, shall within three years erect a good and suf- Proviso,
fieient bridge across the said river, sufficiently high in low water to admit the passage
of boats, burthened with produce or otherwise, under the same ; and in high water to
have sufficient draws for their accommodation : And provided also, that there shall be Proviso,
at least two arches in the said bridge, at least sixty feet each, between the piers, for the
passage of rafts, &c.
Sect. 2. And be it further enacted by the authority aforesaid, That the said John Causeways,
Beck, his heirs and assigns, shall at all times be bound to keep up good and sufficient ma ^j e through
causeways and hollow bridges through the swamp, from the high lands of Georgia to tlie swam P-
the said bridge, for the passage of travellers, &c.
Sect. 3. And be it further enacted, That if at any time after the erection of the said What shall
bridges and causeways, the owner or owners thereof shall suffer the same to be and re- forfeiture of
main out of repair for the space of two years, or shall in any manner impede the navi- r1 ^ *
gation of said river, contrary to the true intent and meaning of this act, then the rights
and benefits intended by this act shall become forfeited, and of course null and void :
Provided nevertheless, That the said John Beck, his heirs and assigns, shall at all times Proviso,
stand bound to make good all damages which may happen by reason of the badness or
want of repair of the said bridge and causeways, or any part thereof, when the same
does not amount to a forfeiture as above ; to be recovered in any court having compe-
tent jurisdiction thereof.
R
122
BRIDGES, TOLL. 1815.
(No. 70.) Sect. 4. And be it further enacted, That the said John Beck, his heirs and assigns,
Rales of toll, shall be entitled, for the space of twenty-three years, to have, demand and receive toll,
at the same rates that are allowed and received at the bridge at Augusta, and no more ;
Proviso. Provided, that the said John Beck, his heirs and assigns, shall at all times, when the
said causeways are inundated, provide a suitable and safe conveyance to the high land.
Toll rates
across the
swamp re-
gulated.
Proviso.
Sect. 5. And be it further enacted, That the said John Beck, his heirs and assigns,
for the trouble and expense he or they have or may hereafter be at, in raising and keep-
ing in repair the causeways and bridge, through the swamp as aforesaid, be entitled to
have, demand and receive the following toll, to be collected at the same time and place
that the toll for the bridge across the river is collected, to wit : For every four wheel
carriage, one dollar ; for every two wheel carriage, fifty cents ; for a man and horse,
six and a quarter cents ; for each head of cattle, sheep, goats or hogs, four cents : Pro-
vided nevertheless, that no person shall be compelled to pay the said toll for going to the
said river to fish, or for passing to and from their lands in said swamp.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate.
Assented to, 8th December, 1815.
D. B. MITCHELL, Governor.
fNo. 71.)
AN ACT
To authorize William Smith to erect a Bridge across the creek called the Beaver-
dam, in Scriven county, on the road leading from Savannah to Augusta.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
William Smith That William Smith, his heirs and assigns, shall be, and he or they are hereby author-
build a toll ived and bound to erect a good and substantial bridge across the creek called Beaver-
bndge across ^am, at or near the place where the old bridge now stands, and to keep the same in
Beaver-dam, 7 r ° ' r
in Scriven complete repair for and during the term of ten years.
Sect. 2. And be it further enacted, That the said William Smith, his heirs and as-
signs, as a compensation for their trouble and expense in erecting and keeping the said
bridge in repair, shall be authorized to ask, demand and receive the following toll from
BRIDGES, TOLL. 1815. i2 s
all travellers, not citizens of the county of Scriven, for crossing said bridge, to wit: (No. 71.)
For every four wheel carriage or waggon, fifty cents ; for every two wheel carriage or Toll rates.
cart, twenty-five cents ; for a man and horse, twelve and one half cents ; for every head
of cattle, four cents ; for sheep, goats and hogs, two cents ; for horses, led or in droves,
six and a quarter cents : and the said William Smith, or any other person or persons The proprie-
* J r r tor liable for
claiming under him, shall be, and he or they are hereby bound to make good all de- damages aris
mands which shall happen by reason of the badness or want of repair of said bridge. insufficiency
of the bridge
Sect. 3. And be it further enacted, That the said Smith shall be allowed one year Time allowed
. . • ii f° r building
from the date of this act to build the said bridge ; and shall be allowed to receive toll said bridge
for crossing the old bridge for the term of said year, at the rates heretofore established
by law, provided the said bridge is kept in good repair.
SECTi 4. And be it further enacted, That the right herein granted shall be forfeited, Forfeiture ot
the riffht.
unless the said William Smith, or some person or persons claiming under him, shall
build a bridge of the dimensions of the one herein described, within one year from the
date of this act.
Sect. 5. And be it further enacted by the authority aforesaid, That it shall not be
lawful for the said William Smith, his heirs or assigns, to ask or demand from any per-
son or persons any toll for passing said bridge, unless the said bridge shall be, in its
whole length, at least twenty feet wide, and well secured from one end to the other, on Dimensions,
both sides, with arms or railing, at least four feet high. bridge.
Sect. 6. And be it further enacted, That it shall not be lawful for any other person No other
T)6*i*son to
to erect a bridge on the said creek, within two miles of the bridge so erected by the said build a bridge
William Smith, either above or below. '^I miles
of the one
Assented to, 16th December, 1815.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate-
D. B. MITCHELL, Governor-
aforesaid.
R 2
124 BRIDGES, TOLL. 1816.
(No. 72.) AN ACT*
To authorize James Rousseau to erect a Bridge over the Oconee river, at or near
his ferry, on the main road leading from Milledgeville to Augusta and Sa-
vannah.
Preamble. WHEREAS, James Rousseau, by his petition to this legislature, has prayed the pri-
vilege of erecting a bridge over the Oconee river, at or near his ferry, where the main
road leading from Milledgeville to Augusta and Savannah crosses the same ; And
whereas, it is thought and believed that to grant him such privilege will tend to pro-
mote the public convenience ;
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of
Jas. Rousseau, the same, That from and immediately after the passing of this act, the said James Rous-
authorized to . .'...'•
erect a toll seau is hereby authorized to erect a toll bridge across the said river, at or near his ferry,
the Ocon C ee SS f° r an d during the term of twenty-one years after the same shall be completed, at the
following rates of toll, viz : For a loaded waggon, fifty cents ; for an empty waggon
and four horses, thirty-seven and a half cents ; for a cart and two horses, twenty-five
cents ; for a rolling hogshead of tobacco, twenty-five cents ; for all four wheel pleasure
carriages, fifty cents ; for all two do. twenty-five cents ; for a man and horse, twelve
and a half cents ; for led horses or mules, six and a quarter cents ; for each foot passen-
ger, six and a quarter cents ; for all cattle, three cents each ; for goats, sheep or hogs,
Proviso. two cents per head : Provided, that the said bridge shall be completed within the term
of three years from the passage of this act, and shall be so constructed as to admit the
passage of any boat or raft which may be brought down said river.
river.
Toll rates
A portion of Sect. 2. And be it further enacted, That the commissioners of the town of Milledge-
raon°obe° m " vu ^ e do * a y out anc ^ a PP ort i° n to the said James Rousseau, so much of the town com-
laid out for mon as ma y k e ne cessary for the building of the said bridge on, at such place as may
of said bridge, be designated, near the ferry aforesaid.
What shall oc- Sect. 3. And be it further enacted by the authority aforesaid, That if the bridge so
feiture of the authorized to be erected by James Rousseau shall not be built and passable for carriages,
privilege. w ithin three years from the passage of this act, or if it shall be destroyed by freshets,
See the following act of 1817, altering and amending this.
BRIDGES, TOLL. 1816. 1 25
or otherwise, and shall not be again rebuilt within two years thereafter, or shall, from (No. 72.)
want of repairs, or from any other cause, be impassable for the space of two years at
any one time, then, and in any such case, the right hereby vested in the said James
Rousseau shall immediately thereafter cease, determine, and become void, as if this act
had never passed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 4th December, 1816.
D. B. MITCHELL, Governor.
AN ACT (No. 73.)
To alter and amend An act authorizing James Rousseau to build a Bridge
across the Oconee river, at or near his ferry.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That from and im- Jas. Rousseau
pi- «it ti i'i- • authorized to
mediately after the passing of this act, the said James Rousseau, his heirs or assigns, is build a toll
hereby authorized to erect a toll bridge across the Oconee river, at or near his" ferry, for the Oconee^
and during the term of twenty-one years after the same shall be completed.
Sect. 2. And^be it further enacted, That the commissioners of the town of Milledge- A portion of
m the town com-
ville lay out and apportion to James Rousseau, his heirs or assigns, so much of the town mon to be
, - r ,i i -i v r • i i_ • i laid out for its
common as may be necessary lor the building ol said bridge. erection.
Sect. 3: And be it further enacted by the authority aforesaid, That the said Tames Tne privilege
. - ....... to be exclu-
Rousseau, his heirs or assigns, shall have the exclusive privilege of building the afore- sive.
said bridge on the town common of Milledgeville : Provided, the said bridge is built proviso,
within three years from the passage of this act-
126
BRIDGES, TOLL. 1817.
(No. T3.) Sect. 4. And be it further enacted, That nothing in this act shall be so eonstrued as
Navigation not to authorize the said James Rousseau to construct a bridge so as to impede the naviga-
to be imped- . n . . .
ed. tion of said river.
Repealing Sect. 5. And be it further enacted by the authority aforesaid, That all laws, and parts
of laws, militating against this law, the same is hereby repealed.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate
Assented to, 19th December, 1817,
WILLIAM RABUN, Governor,
[ 127 ]
CANALS.
AN ACT
To authorize the commissioners of the river Mtamaha, or a majority of them, to
cut and open two Canals.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the commissioners of the river Altamaha, or a majority of them, are hereby au- The commis-
,., i li i i • sioners of the
thorized to cut, or cause to be cut and opened, two canals, to wit : one beginning at or r i ver Altama-
near the place known as Catfish creek, and running to the bend of the river opposite, or tocuttwoca-
near a place called and known as Piney Island ; the other canal to be cut at or near that nals -
part of the river called and known as the Narrows, at or near the place once the planta- pi aces .
tion of Mr. Joyner : Provided, that nothing in this act shall be construed to authorize Proviso,
the said commissioners to cut through the land of any person or persons, without their
permission first obtained in writing, or the damages ascertained by at least three com-
missioners, to be appointed by and sworn before the judge of the Superior Court, or a
majority of the justices of the Inferior Court, in the county where the canal or canals
shall be cut ; which commissioners shall take an oath well and truly to decide (accord-
ing to the best of their abilities and understanding) on the amount of damages the said
canal or canals will do to the person or persons, land or lands, through which they shall
run: Provided further, that nothing in this act shall be so construed as to bind the Proviso
state to make any further appropriation to meet the said contracts. .'
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
Assented to, 19th December, 1818,
WILLIAM RABUN, Governor
128
CANALS. 1818.
(No. 75.)
AN ACT
To establish a company for the Internal Navigation from Ogeechee to Savannah
river.
Preamble.. WHEREAS, George Jones, W. B. Bullock, J. M. Berrien, T, U. P. Charlton,
A. S. Bullock, R. Isaacs, W. Taylor, R. Richardson, A. Telfair, J. Shellman, W. Scar-
brough, W. Davies, A. G. Semms, A. B. Fannin, J. Marshall, L. Kollock, J. Haber-
sham, B. Burroughs, T. Bourke, and others, have, by there petition to the General As-
sembly, represented that the opening an inland navigation between the interior parts of
this state and the city of Savannah, by means of a canal and lock, from Ogeechee to
Savannah river, will be of great utility ; that the said petitioners I ave entered into an
agreement for establishing a company for opening and keeping up such communica-
tion, if the said undertaking should receive the sanction of the legislature, and prayed
to be incorporated by law, under the name and style of The Company for the Inland-
Navigation from Ogeechee to Savannah river ; that such a toll as may be reasonable and
adequate may be granted them and their successors ; and that they may be vested
with powers sufficient for carrying the said work fully into effect.
The company BE it further enacted by the Senate and House of Representatives, of the state of
na^ie-ation Georgia, in General Assembly met, and by the authority of the same, That the said pe-
fromtheOgee- titioners, and such others as shall be admitted into the said company, shall be, and
chee to the r j i
Savannah ri- they are hereby incorporated by the name and style of " The Company for the Inland
ver, incorpo- . . „ . t ,"',,.".«,
rated. Navigation Jrom the Ogeechee to Savannah Rrver.
Said company Sect. 2. And be it further enacted by the authority aforesaid, That the said com-
be sued, ap- P an y> by the name and style aforesaid, shall and may sue and be sued, implead and be
P °dm°l b^ i m pl ea ded, in any court within this state, and that they may elect and appoint all ne-
laws - cessary officers, and from time to time .make such rules, regulations and bye-laws as
Proviso. they shall think proper : Provided, the same shall not be repugnant to, or inconsistent
with any law of the state.
May cut a ca-
nal from Ogee-
chee to Savan-
nah river.
May establish
and receive
toll on goods,
boats, rafts,
he.
Sect. 3. And be it further enacted by the authority aforesaid, That the said com-
pany shall and may cause a communication or inland navigation, by a canal and locks
to be made and kept up through such places as to them shall seem most fit and con-
venient, from Ogeechee to Savannah river, and that they and their successors shall
and may fix and establish, and be entitled to take and receive, by way of toll, for all
goods and merchandize carried on or through ; and boats, vessels and rafts passing
CANALS. 1818. 139
on or through the said canal, such sums or rates as the said company thall think pro- (No. 75.)
per to impose, not exceeding at any time twenty-five per cent, per annum, on the mo-
ney which they shall have expended in making and keeping in repair the said canal Their books
and locks ; to ascertain which the books of the said company shall always be liable to inspection of
the inspection of the legislature ; and that the said company or their agents may stop tu ® e egls a '
any goods, vessels, boats or rafts from passing ou the said canal, until payment of They may en-
force payment
said toll. . • of toll by stop-
ping any boat,
&c.
Sect. 4. And be it further enacted by the authority aforesaid, That the said com- May purchase
n r • ' ■ r i_ land necessary
pany shall have power to purchase for themselves and their successors tor ever, such f or the pur-
land as may be necessary for the purpose' aforesaid, and as much land at each end of I)0
the canal, and on the opposite shores of the river, as may be necessary for the canal,
and where they and the owners of said land cannot agree for the same, to take the Land, how va-
. ■. - ; hied when
said lands on a valuation to be made by a majority of five persons, to be appointed by they and the
the Superior Court to value the same; which land shall, on payment of the sum at a «. ree °
which it shall be so valued, be vested in the said company.
Sect. 5. And be it further enacted by the authority aforesaid, That the said com- Said canal, &c.
* to llC kt*T}t 1 it 1
pany sjiall be obliged to keep the said canals and locks at all times in good and suf- g 00 j orc i e r.
ficient order, condition and repair, on pain of being answerable for any damages occa-
sioned by their wilful default or neglect.
Sect 6. And be it further enacted by the authority aforesaid, That the shares in shares in said
the said company shall be for ever exempted from any rate, tax, duty, assessment or empt from
imposition whatever, and that the said shares may be sold, transferred, assigned or be- taxatlon -
■ -. , '" ' . b Shall be trans-
queathed by the proprietors, and in case of their dying intestate shall go as personal ferable, &c.
estates, according to the statute of distributions.
Sect. 7. And be it further enacted by the authority aforesaid, That if any person Persons
shall throw dirt, trees, logs or other rubbish into the said canal, so as to prejudice the rubbish, &c. 1 '
same, such person shall be answerable to the said company for the damages occasioned ift&JetJ fri
thereby. company.
Sect. 8. And be it further enacted by the authority, aforesaid, That the said com- Said company
pany shall and may collect and reserve water for the use of the said canal and locks, water for said
making compensation for the damages done thereby; the said damages to be ascer- canal * &c#
tained in the manner described with respect to the value of lands.
. ■ S
130
CANALS. 1818.
(No. 75.) Sect. 9. And be it further enacted, That if, any time after sixty years from the
After 60 years passage of this act, the legislature of this state shall deem it for the interest of the state
said canal shall
be vested in the property of the canal shall be vested in the state, then, and in that case, it shall be the
tllC Stilt C IT
the legislature duty of the directors for the time being to convey to the state all right and title in the
dient *' expe " canal, on receiving from the treasury of the state a sum of money equal to all the sums
The manner expended in making and improving the canal, with a nett interest : viz. an interest, above
transfer^ 8 ° a ^ cnar g es > °f eight per cent, on such part of the stock as shall not have afforded such
an interest.
Pleadings, &c. Sect. 10. And be it further enacted by the authority aforesaid, That if any person
in suits under ..■'.. r i •
this act regu- should be sued lor any matter or thing in pursuance of this act, he may plead the gene-
ral issue, and give this act and special matter in evidence, and on a verdict against the
plaintiff, or a non-suit or discontinuance, recover double costs.
lated.
This act not Sect. 11. And be it further enacted, That nothing in this act shall be so construed as
to affect the - , . . ' e „ -. -. , ..
Ogeechee na- to affect the rights ol the Ogeechee navigation company,
vigation com-
pany.
This declared Sect. 12. And be it further enacted by the authority aforesaid, That this act shall be
deemed and taken to be a public act, and judicially taken notice of as such without
special pleading, and liberally construed for carrying the purposes aforesaid into effect.
BENJAMIN WILLIAMS,
Speaker of the' House of Representatives,
MATTHEW TALBOT,
President of the Senate,
Assented to, 19th December, 1818.
WILLIAM, RABUN, Governor.-
C 1S1 I
CENSUS,
AN ACT
To provide for taking the Census of this state, as required by the Constitution.
BE it enacted by the Senate and House of Representatives, in General Assembly met, The justices
and by the authority of the same, That it shall be the duty of the justices of the Inferior courts in each
Court, or any three of them, in each county respectively, in ninety days after the ad- count y t0 a P-
iournment of this legislature, to appoint one or more persons in each county : that is to to take the
• i i i- i i • i • • t t census of this
say, one person in each battalion, that may be in the respective counties, whose duty it state.
shall be to take a full and accurate census or enumeration of all free white persons and Mode of
people of colour residing therein, distinguishing in separate columns the free white per- prescribed,
sons from the persons of colour, and return the same to the clerks of the Superior
Courts of the several counties, certified under their hands, on or before the first day
of October next, the persons so appointed being first severally sworn before the said Persons so
' r rr ° J m appointed to
justices, or either of them, duly and faithfully to perform the trust reposed in them ; and take an oath.
it shall be the duty of the said clerks to transmit all such returns to his excellency the Returns to be
Governor, on or before the first Monday in November next, to be by him laid before the the Governor.
legislature $ and it shall be the duty of the legislature then in session, to apportion the
members of the house of representatives among the several counties, agreeable to the
plan described by the constitution. ■
Sect. 2. And be it further enacted, That in case the justices of the Inferior Courts In case the
• i • i • ■ • i • i r justices of
shall fail to appoint persons to take the enumeration within the period ol ninety days the Inferior
after the adjournment of .the legislature, that then the justices of the peace, or any f a °i to^pooint
three of them, shall have and exercise like powers respecting the said census ; and if the P ersons in t] } 6
• • ' x <•■*:. time prescri-
census or enumeration of any county shall not be so taken and returned, then, and in bed, the jus-
that case, such county shall be entitled to one representative only. peace vested
with like
authority. Any county wherein no census may be taken, &c. entitled to but one representative
S 2
132 CENSUS. 1816.
(No. 76.) Sect. 3. And be it further enacted by the authority af or esaidyT\vxt%\\ persons appointed
Persons ap- t take in the census of this state as required by this act, are hereby authorized to ad-
pointed as
aforesaid shall minister an oath to all heads of families, or any other person, when they are about to give
necessary m tne number of their families, that they shall not give in any more than they actually
Wh S deemed nave 5 anc * no person shall be considered as a part of a family that does not actually
as a part of a res id e and board with the person so giving them in at the time they make the return, and
family. ,
Returns shall no return shall be taken only on oath.-
be made on
oath. i
Compensation Sect. 4. And be it further enacted, That the persons appointed to take the census or
of those who . .
take the cen- enumeration shall receive the sum of twelve and a half cents for each family so taken
and enumerated.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 13th December, 1816.
D." B. MITCHELL, Governor.
[ 133 ]
CERTIORARIES AND INJUNCTIONS
. AN ACT
To regulate the granting Certioraries and Injunctions in this State.
Sect. 1. BE it enacted by the Senate ana House of Representatives of the state of
Georgia, in General Assembly mfo, and by the authority of the same, That from and after No certiorari
the passing of this act it shall not be lawful for any judge of the Superior Court of this ecf unlelT the
state to sanction or grant any certiorari, unless the person or persons aggrieved and ap- applicant shall
plying for the same, shall have previously paid all costs which may have occurred on the costs on the
trial below, and have given to the magistrate or magistrates, or justices or the Interior and given se-
Court, or clerk of the Inferior Court, as the case may happen, good and sufficient secu- eventual'con- 6
ritv for the eventual condemnation monev, or any future costs which may occur. demnation
J ■ ■'.•-. . money, or any
future costs.
Sect. 2. And be it further enacted, That the person applying for said certiorari, shall A certificate
produce to the judge authorized to grant the same, a certificate from the magistrate or havebeenpaid
•magistrates, or justices of the Inferior Court who tried the case, or clerk of the Infe- a ? (1 seclmt y
u ' ° 7 given, also re
rior Court, whose duty it shall be to give said certificate, informing said judge that the quired.
costs have been paid, and security given in terms of this act.
Sect. 3. And be it further enacted, That no injunction shall be sanctioned or granted Prerequisites
in cases of
junctions.
by any judge of the Superior Courts of this state, until the party requiring the same *
shall have previously given to the party against whom such injunction is to operate, by
application to the clerk of the Superior Court for that purpose, abond with good and
ample security for the eventual condemnation money, together with all future costs ;
which said bond shall be lodged in said clerk's office, subject to the order of the court,
and have paid all costs which may have occurred in the case, the subject of the injunction.
*
134
CERTIORARIES AND INJUNCTIONS. 1811.
Sect. 4. And be it further enacted, That where any doubt arises as to the sufficiency of
the security tendered to any of the persons authorized by this act to take the same, the
party so authorized to take the said security may compel the party to justify upon oath,
and such justification upon oath shall amount to such sufficiency as to exonerate the
party taking the security from any liability. m
(No. 77.)
In cases of
doubt, the se-
curity requir-
ed to justify
upon oath.
Sect. 5. And be it further enacted, That no judge of the Superior Court shall grant
or sanction any certiorari or injunction out of his judicial district, unless there shall be
In what cases
a judge may
sanction any
injunction out a vacancy in any of the other districts, or the judges thereof be so indisposed, or be
of his circuit
Proviso.
absent therefrom, so that the business of granting certioraries and injunctions cannot be
speedily done : Provided, no certiorari shall be granted to remove any proceedings from
a magistrate's court, until it has been tried by a jury in said court.
In cases of
bills of injunc-
tion, where
the defendant
lives out of
the state,
what shall be
a sufficient
service.
Injunctions,
open for ar-
gument and
amendment at
the first term.
Shall be dis-
posed of at
the second
term.
Sect. 6. And be it further enacted, That in all cases of bills of injunction, where
the defendant or defendants reside out of the state, a service on the attorney of the
plaintiff in the original action, and a publication of a six months rule obtained from the
judge granting the injunction, shall be deemed a sufficient service.
Sect. 7. And be it further enacted, That all bills of injunction granted by the Supe-
rior Court, or any of them, or which may hereafter be granted, shall stand and be con-
sidered as open for argument and amendment, at the first term of the Superior Court
which may be holden after the passing of this act, in and for the county where the suit
originated, or the first term after the granting such bill of injunction ; and that in all
cases of injunction they shall be disposed of, and a decision made, at the second term
of said court, held in and for the county where such suit originated, any law to the con-
trary notwithstanding.
A second in- Sect. 8. And be it further enacted, That the dilatory practice of granting bills of in-
the dissolution junction a second time, after the dissolution of the first bill or bills, shall not be admis-
allowed rS n ° s ^ e or allowed of in any case or cases whatever.
ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
Executive Department, Georgia.
Assented to, 16th December, 1811.
D. B, MITCHELL, Governor.
m
[ 135 ]
CLERKS, SHERIFFS, AND OTHER OFFICERS.
AN ACT
To repeal an act, entitled An act to compel the Clerks of the Superior and Infe-
rior Courts to keep their offices at or within one mile of their respective Court-
houses, so far as respects the counties of Pulaski and Telfair, which is to ope-
rate so far as respects the county of Pulaski.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, The recited
That from and immediately after the passage of this act, the above recited act is hereby sofS^Se-
repealed, sofar as respects the county of Pulaski, passed on the thirteenth day of Decern- s P ects Pulaski
ber, eighteen hundred and nine,
ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
Executive Department, Georgia.
Assented to, 10th December, 1811.
D. B. MITCHELL, Governor.
K*
136
CERTIOR ARIES AND INJUNCTIONS. 1811,
(No. 79.)
AN ACT
To compel the Clerk of the Superior and Clerk of the Inferior Courts of the
county of Wilkinson to keep their offices at the Court-house, or ivithin one
mile thereof
Preamble, WHEREAS, great inconvenience hath occurred to persons having business to do
with the officers aforesaid, from the great distance the same have been kept from the
place of holding the Superior and Inferior Courts of said county; for remedy whereof,
Clerks of the
Superior and
InferiorCourts
of Wilkinson,
required to
keep their of-
fices at or
within one
mile of the
Court-house.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, hi General Assembly met, and by the authority of the same, That from and after the
passing of this act, it shall be the duty of the clerks of the Superior and Inferior Courts
for the county aforesaid, to keep their respective offices at the Court-house, or place of
holding the Superior and Inferior Courts, or within one mile thereof, any law to the
contrary notwithstanding.
Executive Department, Georgia.
Assented to, 13th December, 1811.
ROBERT IVERSON,
Speaker of the House of Representatives,
MATTHE.W TALBOT,
President of the Senate,
D, B. MITCHELL, Governor,
*fc
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1811. X 37
AN ACT* ( No . 80 .)
For the election of the Clerk or other person to tvhom the care of the records and
other proceedings of the Court of Ordinary are vested.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and by the authority of the same, That the justices of the Clerks of the
Inferior Court, in the several counties throughout this state, at the usual place of hold- ordinary, how
ing their courts, on the first Monday in January, in the year eighteen hundred and thir- elected -
teen, and on the first Monday in January, in every second year thereafter, shall proceed
by ballot to the choice of the clerks of the courts of ordinary, who shall hold their office Their continu-
f-ii-1 r , '.„',.'. . ance in office.
tor and during the term ot two years, unless sooner removed for mal-practice in office,
and until a successor is in manner aforesaid elected. And it is hereby provided, that May be
the clerk in manner aforesaid elected shall be eligible to re-election. re-elected.
ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Executive Department, Georgia.
Assented to, 13th December, 1811
D. B. MITCHELL, Governor.
* See act of 1815, No. 94, requiring clerks of the court of ordinary to give security. See also title " Exe-
cutors, &c." act of 1815, No. 211 ; "which authorizes courts of ordinary to appoint their clerks administrators
de bonis -non, in certain cases. < . *
*
138
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1811,
(No. 81.)
AN ACT*
Sheriffs,
clerks of the
Superior and
Inferior
Courts, coun-
ty surveyors
and coroners,
when to be
elected.
Repealing
clause.
To alter the time of holding the Elections for county officers, so far as respects
Sheriffs, Clerks of the Superior and Inferior Courts, Surveyors and Coroners.
Sect. 1. BE it enacted by the Senate and House of Representatives , in General As-
sembly met, and by the authority of the same, That the elections for sheriffs, clerks of
the Superior and Inferior Courts, county surveyors and coroners, of the respective coun-
ties within this state, shall be held on the first Monday in January, eighteen hundred and
fourteen, and on the first Monday in January, every second year thereafter, in each
and every of the said counties respectively.
Sect. 2. And be it further enacted, That all other acts or parts of acts, militating
against this act, be, and the same are hereby repealed.
ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Executive Department, Georgia.
Assented to, 16th December, 181 1
D. B. MITCHELL, Governor.
* For the manner of filling vacancies in the offices of clerks of the Superior and Inferior Courts, and sheriff,
see aet of 1817, No, 105,
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1811.
139
AN ACT
(No. 82.)
To compel Coroners, Sheriffs and Constables to receive Securities on certain occa-
sions therein expressed. •
Sect. 1. BE it enacted by. the Seriate and House of Representatives in General Assembly
met, That in all cases where a levy is made on property which is claimed by a third
person, and good and sufficient security is tendered by the party claiming the same, it
shall be the duty of such sheriff, constable or coroner, to take security for treble the
amount of the debt on which such execution is founded^ for delivery of the property so
levied on at the time of sale, provided the property so levied on should be found sub-
ject to such execution ; then and in that case it shall be the duty of the sheriff, coroner
or constable to leave the same in the possession of such claimant, and in case the said
claimant or security shall fail to deliver the property at the time and place of sale,
agreeably to such bond, it shall be the duty of the officer taking the same to transfer
such bond to the plaintiff in execution ; and said bond shall be recoverable in any court
of law or equity in this state, having cognizance thereof.
When proper-
ty levied upon
is claimed by a
third person,
and security
tendered by
the claimant,
the sheriff, &c.
shall take
security for
treble the
amount of
the debt, &c
Sect. 2. And be it further enacted, That in all cases where any .of the aforesaid
officers shall arrest any person charged with a capital offence,^ he shall secure so much
of the property of the person so charged, if to be had, as will, in his opinion, be of suf-
ficient value to defray the expense incident to such prosecution, jailor's fees, &c. and
make return thereof to the next Superior Court of the county ; and it shall be the duty
of the judge of said court to order a sale thereof by the sheriff, under the same regula-
tions as govern sheriff's sales under executions : Provided nevertheless, that the party
charged, or his agent, may replevy such goods, on putting in sufficient security for the
delivery of the same, or payment of all the expenses of said prosecution, conviction or
execution.
ROBERT IVERSON,
j Speaker of the House of Representatives.
MATTHEW TALBOT, .
President of the Senate.
In cases of
arrest for any
capital of-
fence, the ar-
resting officer
required to
secure suffi-
cient property
of the party
charged to
defray all
costs, &c.
Proviso.
Executive Department, Georgia.
Assented to, 16th December, 1811
D. B. MITCHELL, Governor.
* See title " Costs," act of 1816, No. 113 ; whith provides for securing costs in all criminal cases, whether
capital or otherwise
T 2
140
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1811.
(No. 83.)
AN ACT
To regulate me appointment of Jailors, and to alter and explain the first section
of an act, entitled An act pointing out the duty of Sheriffs in selling lands un-
der execution, passed 22d December, 1808.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Sheriffs re- Georgia, in General Assembly met, and by the authority of the same, That in future
quired to take . . . ,j ., . . . .
security from all sheriffs, on appointing a keeper ot the jail, to require sufficient security or him, or
jai ors. them j, and such person appointed shall, before he enters on the duties of his or their
JtlHOxS TO ThKC ^
an oath. office, take and subscribe the following oath before some one of the justices of the Infe-
The oath. rior Court of said county, to wit: I, A. B. do solemnly swear oraffirm, (as the case
may be,) that I will well and truly do and perform all and singular the duties of jailor
for the county of , and that I will humanely treat all criminals who may be brought
to jail, of which I am the keeper, and not suffer them to escape by any negligence or
inattention of mine, so help me God.
The first sec-
tion of the re-
cited act ex-
plained.
Proviso.
Sect. 2. And be it further enacted, That the first section of the before recited act
shall not be so construed as to authorize any judge of the Superior Courts to order
writs of possession to issue against a third person, residing within the limits of any such
survey or tract of land so offered for sale : Provided also, that such person shall not be
known in the suit on which such execution is founded, nor have been put in possession
by, or claimed under, or by virtue of any conveyance from the defendant in such suit.
Executive Department, Georgia.
'Assented to, 16th December, 1811
ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
D. B. MITCHELL, Governor,
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1811. 141
AN ACT* . (No. 84.)
To compel the Clerks of the Superior and Inferior Courts, Sheriffs, county Sur-
veyors, Coroners, Collectors, and Receivers of Tax Returns of this state, to take
the oath and give the security required by laiv, within the time therein specified.
*•
WHEREAS, by th£ laws now in force in this state, some inconvenience has, and may Preamble,
again happen, with respect to the time which ought to be given to the clerks elect of
the Superior -and Inferior Courts, sheriffs, county surveyors, coroners, collectors, and
receivers of tax returns to qualify ; for remedy whereof,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That County offi-
from and immediately after the passing of this act, the said clerks of the Superior and to take the
Inferior courts, sheriffs, county surveyors, coroners, collectors, and receivers of tax re- gecur^inten
turns, shall be bound, in ten days after they are notified of the arrival of their commis- davs after be *
ing notified of
sions, to take the oath and give the security required by law. the arrival of
their commis-
sions.
Sect. 2. And be it further enacted, That incase of the neglect or refusal of any clerk, In case of ne-
- . . r • gleet or refu-
sheriff, county surveyor, coroner, collector, or receiver of tax returns, to take such oath sal to do so,
and give such security within the time aforesaid, it shall and is hereby declared to be m | nts , to be
the dutv of anv three or more of the justices of the Inferior Court for the- county where- vacated > and a
J J J J new election
in such neglect or refusal shall have happened, to declare such appointment vacant, and ordered.
to order another election, by giving at least twenty days notice in writing, at three or
more of the most public places in the county.
ROBERT IVERSON,
Speaker of the House of Representatives .
MATTHEW TALBOT,
President of the Senate.
Executive Department, Georgia.
Assented to, 16th December, 1811.
D.'B. MITCHELL, Governor.
• See act of 1815, No. 94, compelling clerks of the court of ordinary to give security,
142
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1812.
(No. 85.)
AN ACT
To authorize Sheriff's sales at St Mary's, in Camden comity.
fc
Preamble. WHEREAS, great injury is often sustained by the sales, or sacrifice of defendants'
property, at the Court-house, in Camden county, situated twenty-two miles from St.
Mary's, the most noted commercial town in said county ; for remedy whereof,
Sheriff's sales
in Camden
county to be
made at the
market-hous i
in St. Mary's.
Proviso.
Sect. 1. Be it enacted by the General Assembly of the state of Georgia, and it is
hereby enacted by the authority of the same, That from and after the passing of this
act, the sales of real as well as personal property, levied on by the sheriff or his deputy,
of Camden county, shall be made at the market-house, in the town of St. Mary's, on
the Saturday next succeeding the first Tuesday in each month : Provided, the defendant
or his attorney shall so require the same ; any law to the contrary notwithstanding.
Executive Department, Georgia.
Assented to, 27th November, 1812,
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN, -
President of the Senate,
D. B. MITCHELL, Governor.
(No. 86.)
AN ACT
To authorize Sheriffs to perform the duties of their office in adjoining counties,
in certain cases herein defined.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
When the of- Georgia, in General Assembly met, That in all cases which require the official acts of a
sheriff is re- sheriff, wherein he is or may be a party in the case, and no coroner can be obtained in
quired m any tne coun t y to perform and execute the office of sheriff, that then and in that case it shall
case xn which J r
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1812.
143
and may be lawful for any sheriff in an adjoining county, to do and perform all manner (No. 86.)
of official acts that a coroner is authorized to do and perform in cases where the
sheriff is a party interested.
Executive Department, Georgia.
Assented to, 7th December, 1812,
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
D. B. MITCHELL, Governor.
he is interest-
ed, and no co-
roner can be
obtained in
the county,
the sheriff of
any adjoining
county author
rized to act.
AN ACT
(No. 87.
To make valid certain acts of the Sheriffs of the counties of Twiggs and Wil-
kinson, and to legalize certain official acts of other judicial officers in this
state.
WHEREAS, the sheriffs of the counties of Twiggs and Wilkinson, having acted in Preamble
their official capacities after having taken their oath of office, and previous to recording
the same ; and whereas several judicial officers in this state have proceeded to the dis-
charge of the duties of their respective offices, without having taken an oath to support
the constitution of this state and of the United States, as required by law, and whereas,
doubts exist as to the legality of such acts : for remedy whereof,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That all transactions of the aforesaid sheriffs of the Certain acts of
tli 6 sheriffs of
counties of Twiggs and Wilkinson, in their official capacities as sheriffs, after the time of Twiggs and
their having taken their oath of office, and previous to the time of recording the same, counties°done
shall be deemed, held and considered valid to all intents and purposes, as if the said P revious to .
f r r the recording
oath had been recorded previous to any such transactions, so far as respects the recording of their oaths,
of said oath.
legalized.
Sect. 2. And be it further enacted, That- the official acts of the several judicial The acts of
officers of this state, heretofore transacted, shall be held, deemed and considered as va- iersTwhobave
144
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1812.
lid, notwithstanding such officer or officers may not Tiave taken and subscribed an oath
to support the constitution of this state and of the United States, so far as respects said
oath, any law to the contrary notwithstanding.
(No. 87.)
not taken the
oath to sup-
port the con-
stitution of
this state and
of the United
States, lega-
lized.
Executive Department, Georgia.
Assented to, 7th December, 1812.
BENJAMIN WHITAKER,
Speaker of the House of Representatives
WILLIAM RABUN,
President of the Senate.
D. B. MITCHELL, Governor.
(No. 88.)
Sheriffs re-
quired to col-
lect monies
under execu-
tions from the
treasurer
against tax
collectors.
AN ACT
To compel Sheriffs to collect monies under and by virtue of executions issuing
from the Treasurer against Tax Collectors, and to pay over the same.
Sect. 1. BE it enacted by the Senate arid House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same
That the several sheriffs within this state, who have or may hereafter have in their
possession, any execution or executions issued by the treasurer of this state, against
any tax collector, shall and they are hereby required to levy the same, and collect the
amount or amounts thereof, in the same manner as pointed out by law for the collection
of executions issuing out of the Superior and Inferior Courts of this state.
Proceedings
against she-
riffs in case of
their failing to
collect or pay
over the
amount of
such execu-
tions.
Sect. 2. And be it further enacted, That if any sheriff as aforesaid shall fail to levy
and collect the amount of any execution so issued as aforesaid, or to account with or
pay over the same to the treasurer when thereunto required, then and in that case it
shall be the duty of the attorney or solicitor general within the several judicial cir-
cuits of this state, at the request of the treasurer, to apply to the judge of the Superior
Court during the session of said Superior Court, or in vacation, of the district wherein
such delinquent sheriff may reside, for a rule against such delinquent sheriff, to- show
cause why an attachment should not be obtained against him on the usual terms for
'neglect of duty.
• CLERKS, SHERIFFS, AND OTHER OFFICERS. 1812,
145
Sect. 3. And be it further enacted, That it shall be the duty of the judges of the
Superior Courts, on application, to grant such rule, and make such order, as in their opi-
nion is best calculated to compel the payment or any monies collected or to be collected
by sheriffs as aforesaid ; and that all monies collected under and by virtue of this act,
shall be paid into the hands, of the attorney or solicitor general appointed for the cir-
cuit where the said monies have or shaH be collected, and be by them respectively
transmitted to the treasurer of this star
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
<
WILLIAM RABUN,
President of the Senate,
(No. 88.)
Judges to
grant a rule
against them,
&c.
Monies col-
lected by vir-
tue ot this actj
tc whom pay-
able.
Executive Department, Georgia.,
Assented to, 10th December, 1812,
D. B. MITCHELL, Governor.
AN ACT
(No. 89.)
To legalize and moke valid the acts and proceedings of. Sheriffs and Clerks in this
slate, in certain cases therein expressed.
WHEREAS the forty-sixth section of-the judiciary law of this state, passed in the year Preamble-
1799, requires, that before any sheriff shall enter upon the duties of his appointment,
and being commissioned by the Governor, he shall be bound for the faithful performance
of his duty by himself and his deputies, before any of the said judges, to the Governor
of the state for the time being, and to his successors in office, jointly and severally with
two good and sufficient securities, inhabitants and freeholders of the county, to be ap-
proved pf by the justices of the Inferior Court, or any three of them, in the sum of
twenty thousand dollars : And whereas a custom has heretofore prevailed with the exe-
cutive department of this state, in issuing the dedimus potestatem to qualify the sheriff,
to direct the same only to two or more justices of the Inferior Courts of the several
counties, in consequence of which the bond, in many cases, given by the sheriffs and
their securities, do not appear to have been attested by, or approved by more than two
justices of the Inferior Courts; and as doubts and difficulties may, and probably will, at
some future day arise, respecting the legality of the acts and proceedings of sheriffs,
when their bonds do not appear to have been approved by more than two justices as
V
Wkl
146
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1813.
(No. 89.) aforesaid, and the proceedings of the courts in the several counties may be called into
question ; for remedy whereof,
The acts of
sheriff's, who
have been
commissioned
by the Gover-
nor, taken the
oath of office,
given bond,
and security
which has
been approv-
ed by any one
or fnore of the
justices of the
Inferior
Courts,
legalized.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met,, and it is hereby enacted by the authority of the
same, That in all cases where persons have h^en elected sheriffs in the several coun-
ties in this state, and have been commissioned by the Governor, taken the oath of
office, and have given bond and security which has been approved by any one or more
of the justices of the Inferior Courts in the county; in which such person shall have been
elected and commissioned, and the person so commissioned and qualified has acted as
sheriff, that then, and in that case, all official acts done and performed by him, or his
deputies, and all judicial proceedings of the courts of the several counties, during the
time such person acted as sheriff, shall be taken, held and deemed as legal and valid as
if the aforesaid act of 1799 had been fully complied with, in taking the bond, and other-
wise qualifying the sheriffs aforesaid ; any law, usage or custom to the contranr not-
withstanding.
Official acts of
clerks and
sheriffs since
the 18th Octo-
ber last,
legalized.
Their conti-
nuance in
office.
And whereas, some doubts exist, with regard to the legality of the official acts of the
several clerks arid sheriffs of the different counties in this state, which have been trans-
acted since the 18th day of October last,
Sect. 2. Be it therefore enacted, That all official acts of any or all sheriffs and
clerks in this state, since the aforesaid eighteenth day of October last, shall be deemed,
held and considered as legal and valid in law as if such doubts had not, or did not
exist ; and they shall continue to act in their several official capacities until their sue-,
cessors are elected, commissioned and qualified.*
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate
Assented to, 6th December,, 1813,
PETER EARLY, Governor.
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1813.
147
AN ACT
(No. 90.)
To legalize and make valid certain acts of Angus M'Donald, as Deputy Clerk of
the Superior Court of the county of Wayne.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is enacted by the authority of the same, That all Certain acts of
. . tne deputy
acts or parts of acts of the said Angus M c Donald, as deputy clerk of the Superior Court clerk of
of the county of Wayne, up to the first day -of November, eighteen hundred and thir- Walized.
teen, shall be held, deemed and considered valid in law, as if" such acts had been done
and performed by the clerk of the Superior Court of the county of Wayne, had he
continued in office.
. Sect. 2. And be it further enacted, That all acts, and parts of acts, militating with Repealing
this act, be,- and the same are Hereby repealed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate.
PETER EARLY, Governor.
clause.
.Assented to, 6th December, 1813.
AN ACT
(No. 91.
For the relief of persons who now are in the service of the United States, from
( this state.
WHEREAS, it may so happen that persons now in the service of the United States, Preamble
from this state, may be elected as sheriff clerk, tax collector,. county surveyor, or coro-
ner, and the time prescribed by law for them to qualify may expire previous to their
term of service ; for remedy whereof,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is enacted by the authority of the same, That where Persons now
. "" "r J ■ in the servree
any person or persons, now in the service of the United States, from this state, shall be of the United
U2
148
CLERKS, SHERIFFS, AND OTHER OFFICERS. 181;
*
(No. 91.) elected as tax receiver, tax collector, county surveyor, clerk, or sheriff of any court, or
coroner, or any other appointment which by law they, or either of them, would be re-
quired to give security, and qualify at any certain period, such person or persons shall
be at liberty, and it shall be lawful for him or them to qualify and give such security, at
any time previous to the first day.of April next ; any law to the contrary notwithstanding.
States, from
this state, who
may be elect-
ed to any of-
fice wherein
they would be
required to
qualify and
give security,
may do so at
any time pre-
vious to the
1st of April
next.
Assented to, 6th December, 1813,
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate,
PETER EARLY, Governor.
(No. 92.)
AN ACT
To amend and repeal the second and third sections of an act, entitled " An act to
authorize the Clerks of the Superiof and Inferior Courts, Clerks of the Courts of
Ordinary, Sheriffs, Coroners, and Surveyors, to hold their offices during the
intervention behvee}\ the election and commissioning of their successors, and
to regulate the transfer of papers and monies,'' passed the 1 3th of December, 1 809.
Alt part of the
2d and 3d
sections of the
recited act re-
pealed.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That from and after the passing of this act, that so
much of the second and third sections of the before recited act, as compels clerks of
the Superior, clerks of the Inferior, and clerks of tlie .Courts of Ordinary, to make and
return a schedule of all the papers appertaining to their offices, thirty days before the
election of county officers, to the Inferior Courts of their counties, be and the same is
hereby repealed.
Clerks re-
quired to de-
liver to their
successors all
official books,
Sic. in 5 days
after their suc-
cessors are
qualified.
Proviso.
Sect. 2, 'And b.e it further enacted, That it shall be the duty of the clerks, aforesaid
to 'deliver over to their successors in office respectively, all the books and papers apper-
taining to their respective offices, within five days after their successors are qualified :
Provided, that "the said clerks shall make out and deliver to their successors in office
respectively, upon oath,*a fair and correct schedule of all the papers relative to any un-
finished business in their said offices respectively, in term bundles, and all other papers
and books appertaining to said office,- in good order,.
*K
m
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1813, 1814.
149
Sect. 3. And be it further enacted, That all sheriffs, coroners, and clerks of any of (No. 92.)
the courts of this state shall, at any and all times, be subject to the order and rule of Sheriffs, &c.
. • . . . liable to the
said courts, after they have retired from their respective offices, in such cases, and in rule and order
» • of court
like manner as they Would have been, had they remained in office. though out of
Assented to, 6th December, 1813.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
PETER EARLY, Governor.
office,
AN ACT
(No. 93.)
To repeal that part of the third section as relates to Clerks and Sheriffs, entitled
Jin act to authorize the Justices of the Inferior Court in the county of Bryan
to levy a county tax, not exceeding one-third of the general tax ; and to au-
thorize the said court to collect the monies arising from the rents of the Glebe
lands in said county, and to appropriate the same to the defraying comity
purposes, passed the Uh day of December, m the year one thousand eight
hundred and five.
WHEREAS, the justices of the Inferior Court of the county of Bryan are authoriz- Preamble
ed, by the above recited act, to pay monies to the clerks and sheriffs in said county, in
order that they may accept and hold their offices to the injury of the inhabitants ; for
remedy whereof,
Sect:. 1. BE it enacted by the Senate and House of Representatives of the state .
of Georgia, in General Assembly met, That so much of the above recited act as relates Repealing
to the clerks and sheriffs, be, and the same is. hereby repealed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
JARED IRWIN,
President of the Senate, pro tern.
Assented" to, 23d November, 1814.
PETER EARLY, Governor,
w%
150
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1815.
(No. 94.)
AN ACT
To compel Clerks of the Courts of Ordinary to give bond and security for the
faithful performance of their duty.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same.
Clerks of the That from and after the first day of January next, it shall not be lawful for any clerk
Courts of Or- . . . . .
dinary requir- of the Court ot Ordinary to exercise the duty of that office, until they shall have re-
bond ancTse- spectively given bond and sufficient security to the justices of the Inferior Courts of'.
curity. each county respectively, made payable to his excellency the Governor for the time
being, and his successors in office, in the sum of two, thousand dollars, for the faithful
performance of their duty respectively.
i"
Justices of the Sect. 2. And be it further enacted, That it shall be the duty of the justices of the
Courtsto take ^ n ^ erior Courts of each county in this state respectively, or any two or more of them,
such bond and to ta k e suc h. bond and security, according to the provisions of the foregoing section,
conditioned well and truly to perform the duties required of them by law.
Said bond lia-
ble to suit, &c.
Sect. 3. And be it further enacted, That the said bonds so taken, as aforesaid, shall
be liable to suit and recovery, in the same way, and ,under the same provisions and re-
strictions, as are pointed out by law for recovery upon bonds given by Clerks of the
Superior and Inferior Courts, for the performance of their duty as clerks.
Assented to, 8th December, 1815,
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate,
D. B. MITCHELL, Governor
^
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1815.
151
AN ACT
(No. 95.)
To define the duty of the Justices of the Inferior Courts, in regard to the books of
record of their respective counties, and to define the duties of the Clerks of the
Superior and Inferior Courts with respect to county funds.
WHEREAS, much injury may be sustained by the citizens of this state, from impor- Preamble,
tant matter being recorded on loose paper or books unbound, and subject to come to*
pieces in a short term of years ;
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is enacted by the authority of the same,
That it shall be the duty of the justices of the Inferior Courts to purchase, or cause The justices
r r rr • r of the Inferior
to be purchased, out of the county lund3, a sufficient number of well bound blank vo- Courts to pur-
lumes for the clerks of the Superior, Inferior, and Courts of Ordinary of their respec- bound blank
tive counties ; and that it shall be their duty to letter, or cause to be lettered and in- books fo J * e
clerks ol the
dexed, said volumes, as they in their judgment may think proper, and have them im- Superior, In-
ferior and Or-
mediately entered on the minutes of the court. dinary Courts,
to be lettered,,
&c.
Sect. 2. Andbe it further enacted, That the justices aforesaid shall, at the expiration Said clerks to
of each year, cause said clerks to produce a schedule of the books in their respective reC ord an an-
offices, and have the same duly recorded, ofAe'took^
in their offices,
Sect. 3. And.it is hereby further enacted, *That it shall be the duty of clerks of Duty of the
the Superior and- Inferior Courts of the several counties in this state, to lay before superior and
the Inferior Court of their respective counties, at the first annual session of said * nle " or
r ' * Courts with
courts, a correct statement of the several sums of money received for county rates or regard to
'..,. . . • county funds,
taxes, tor fines, forfeitures, impositions, license or otherwise, in such method as that
the nett proceeds of the whole revenue of such county, and the amount of the several
disbursements in discharge of the several demands against such county, may distinctly
appear; and if any of the said clerks shall divert, misapply or conceal any of the ties for misap-
money belonging to such county, he shall forfeit and pay, to and for the use of such Ptyj"^' ^c
* See act of 1816, No. 99, authorizing the justices of the Inferior Courts to issue execution against any
clerk thereof, and his securities, when such clerk fails to pay over monies in his hands, &c. -
&
152
CLERKS, SHERIFFS,AND OTHER OFFICERS. 1815.
(No. 95.) county, double the money he shall be found so to have diverted, misapplied or con-
cealed, to be recovered before any court having jurisdiction of the same; and it shall
further be the duty of the said clerks to- record such statement of county funds in
proper books, to be provided at the expense of such county.
Repealing
clause.
Sect. 4. And be it farther enacted, That all laws and parts of laws, militating
against the foregoing act, are hereby repealed.
Assented to, 16th December, 18:
BENJAMIN WHITAKER,
speaker of the House of Representatives.
-WILLIAM RABUN,
President of the. Senate
D. B. MITCHELL, Governor.
(No. 96.)
AN ACT
To amend the fifth section of an act for the appointment of county officers, passed
on the sixteenth day of February, 1799.
Preamble. WHEREAS the said fifth section of the act aforesaid points out the mode of appoint-
ing constables for the several counties in this state, and directs the manner of their giving
bonds, but points out no mode by which the said bonds may be sued, in case of the
neglect of duty in said constables ; for remedy whereof,
Constables to
take an oath ;
Before whom.
Constables of
Savannah and
Augusta to
give bond and
security jn the
sum of
i
Sect. 1. BE it enacted by the Senate and House of Representatives -of the state of Geor-
gia, in General Assembly met, and by the authority of the same, That all Constables here-
after appointed, shall, before they enter upon the duties of their appointments, ^ake the
oath prescribed by the said, fifths section of the act above recited, before any justice of the
Inferior Court, or justice of the peace $P and those constables resident in the cities of
Augusta and Savannah, shall give bond, with two or more good and sufficient securities,
in the sum of four hundred dollars, to the justices of the Inferior Court of the counties
* -See act of 1818, No. 107 ; the third section of which amends this act with regard to constables' bonds
See title " Elections," act of 1813, No. 198, authorizing constables to open and attend elections in certain
cases;, also title "Judiciary laws," act of 1811, No. 285, as to other duties, &c,
**=
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1816. ^53
of Richmond and Chatham, conditioned for the true and faithful discharge of the duties (No. 96.)
of their office ; and all other constables shall give bond in the sum of two hundred dol- All others in
lars, for the faithful discharge of the duties of their office, payable to the justices of the $200.
Inferior Courts of the respective counties ; which bond or bonds so given shall be de-
posited in the clerk's office of the Inferior Courts of the respective counties in this state,
and be taken by or before any justice of the peace, and may be sued by order of the Suits upon
Inferior Court, upon the application of any person or persons, who shall make it satis- regulated ^
factorily appear, that they have been injured by the misconduct or neglect of duty in
said constable; which suit shall be brought in the Superior Courts, for the use of the
person or persons so injured, any law to the contrary notwithstanding.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 13th December, 1816.
D. B. MITCHELL, Governor.
AN ACT
(No. 97.)
To legalize and make valid the acts and proceedings of the Sheriffs, Clerks and
other officers belonging to the Middle Judicial Circuit or District of this State.
WHEREAS, it has been represented to this legislature, that some of the officers afore- Preamble
said have proceeded upon the duties of their office, without having first taken the oath or
oaths required by the act passed on the sixteenth day of February, 1799, entitled An
act to compel all officers, civil and military, within this state, to take and subscribe an
oath to support the constitution thereof, and the act passed on the 5th day of December,
1799, entitled An act to give further time to the officers of this state to take and sub-
scribe the oath required by the act, entitled An act' to compel all officers, civil and mili-
tary, within this state, to take and subscribe an oath to support the constitution thereof,
passed the sixteenth day of February, 1 799 :
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and by the authority of the same, That all acts and The acts of
proceedings, done and transacted by the sheriffs, clerks, and other officers belonging to SeSle ° f
X judicial cir-
154
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1*16.
(No. 97.)
cuit legalized,
so far as re-
gards the oath
mentioned in
the preamble.
Their future
acts legalized
so far as re-
spects said
<*ath.
the middle judicial circuit or district of this state, so far as regards the said oath, be
held, deemed, taken and considered legal and valid to all intents and purposes whatso-
ever.
i
Sect. 2. And be it further enacted, That the acts that may hereafter be done by said
officers, during their continuance in office, prior to the first of January next, who may
not have taken the oath or oaths required by the acts before recited, be, and they shall
be held and taken as legal and valid, so far as respects the said oath, any law to the con-
trary notwithstanding,
BENJAMIN WHITAKER,
Speaker of the House of Representatives .
WILLIAM RABUN,
President of the Senate.
Assented to, 13th December, 1816.
D. B. MITCHELL, Governor.
(No. 98.)
AN ACT
To legalize the proceedings of the Superior and Inferior Courts of the respective
counties of this State, and to render valid the acts of the public officers of the
same.
The proceed-
ings of the
Superior and
Inferior
Courts of this
state, and the
acts of the
sheriffs,
clerks, &,c.
legalized, not-
withstanding
the oath pre-
scribed in the
act of 1799
has not been
taken, &c.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the judicial proceedings of the Superior and Inferior Courts of the several counties
in this state, as well as the acts of the sheriffs, clerks, and other public officers of the said
several courts, shall be, and they are hereby declared to be efficient, legal, valid and bind-
ing, notwithstanding any judge of the said Superior Courts, justice or justices of the
Inferior Courts, sheriff or sheriffs, clerk or clerks of any of the said several counties,
hath or have not taken and subscribed the oath directed to be taken and subscribed in
the act, entitled An act to compel all officers, civil and military, within this state, to take
and subscribe an oath to support the constitution thereof, passed the 16th day of Febru-
ary, 1799.
This act ex- Sect. 2. And be it further enacted by the authority aforesaid, That this act shall ex-
tended to the , .
future, as well tend to, and have the effect of legalizing and rendering valid, all past proceedings and
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1816. 155
acts of said courts and officers, as well as all other proceedings and acts of said courts (No. 98.)
and officers, which may take place, and be had, from and after the passing of this act. proceedfnm
' of said courts
and officers.
Sect. 3. And be it further enacted by the authority aforesaid, That all officers, civil and ah officers,
military, in this state, shall take an oath to support the constitution of this state, and of ^ a t " t ^ e 1_
the United States, and the form of said oath so to be taken and subscribed, shall be for- an oath to sup-
port the con-
warded with the dedimus to qualify the said officer, or be taken and subscribed at the stitution of
. . . . . this state.
time of receiving said commission.
Sect. 4. And be it further enacted by the authority aforesaid, That the said act, enti- Repealing
tied An act to compel all officers, civil and military, within this state, to take and sub-
scribe an oath to support the constitution thereof, be, and the same is hereby repealed,
BENJAMIN WHITAKER,
, Speaker of the House of Representatives .
WILLIAM RABUN,
President of the Senate.
Assented to, 18th December, 1816.
D. B. MITCHELL, Governor.
AN ACT ( No . 99.)
To compel Clerks of the Inferior Courts in this state to pay over money depo-
sited in their hands.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the
.same, That from and after the passage of this act, it shall and may be lawful for the The justices
justices of the Inferior Court, or a majority of them, in each county, respectively, of courts autho-
this state, when any clerk of the Inferior Court may or shall refuse or neglect to pay nzed *? iSSue
over any money or monies, belonging to the county funds, deposited or paid to him, for against any
clerk of the
the use of the county for which he is the clerk, to issue an execution against such clerk Inferior Court,
and his security or securities", directed to the sheriff or officer authorized to execute the rities" who
same, commanding him to levy the same on the estate, both real and personal, belonging 'payo^/r any°
to the said clerk and his security or securities, as the case may be, or so much thereof money belong-
X2
L5t>
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1816.
(No. 99.) as will be sufficient to satisfy such execution and cost thereon, and such other proceed-
count *fund * n ^ S S ^ a ^ ^ e ^ ac ^ tnereon > as are usual on other executions issued upon judgments.
Repealing Sect. 2. And be it further enacted, That all laws and parts of laws heretofore pass-
ed, militating against this act, be, and the same are hereby repealed.
Assented to, 19th December, 1816.
BENJAMIN WHITAKER,
Speaker of the House of Representatives
WILLIAM RABUN,
President of the Senate.
D. B. MITCHELL, Governor.
(No. 100.)
AN ACT
To compel the Clerks of the Superior and Inferior Courts for the county of
Glynn, to keep their offices within one mile of Brunswick.
Preamble. WHEREAS, great inconvenience has, and hereafter might accrue, from the offices
being kept several miles from the site of the public buildings :
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
The clerks of That from and after the 1st day of February, 1818, it shall be the duty of the clerks of
and Inferior ^ e Superior and Inferior Courts, in the county of Glynn, to keep their offices, books
Courts of an( j p a p ers ^ tna t belong to the respective offices in said courts, at or within one mile of
required to Brunswick, in said county,
keep their of-
fices at or within one mile of Brunswick.
Penalty for Sect. 2. And be tt further enacted, That the said clerks shall forfeit and pay the sum
tailing to com- , ,
plv. of thirty dollars, for each and every month they, or either of them, shall fail to comply
with the requisitions of this act ; to be recovered in the Superior Court in said county,
on motion of the attorney or solicitor general, by attachment as for contempt of court,
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1817.
157
and to be considered as a part of the county funds ; any law to the contrary notwith- (No. 100.)
standing.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives .
MATTHEW TALBOT,
President of the Senate.
Assented to, 10th December, 1817.
WILLIAM RABUN, Governor.
AN ACT
(No. 101.)
To legalize and make valid certain acts of the Sheriff of Jasper county, and his
deputies.
WHEREAS, it appears that the bond given by the last sheriff of Jasper county, and Preamble,
the oath administered to him when he was qualified into office, have never been record-
ed on the -minutes of the court, as prescribed by law ; for remedy whereof,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That all the official acts of the late sheriff, and his deputies, of the county aforesaid, are
hereby legalized and made as valid, to all intents and purposes, as if the bond and oath
aforesaid had been entered on the minutes of the court, according to law j and that
they now be entered on the minutes of the said court.
Assented to, 10th December, 1817.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
WILLIAM RABUN, Governor,
The acts of
the sheriff and
his deputies of
Jasper county
legalized, al-
though his
bond and oath
has not been
duly record-
ed.
158
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1817.
(No. 102.)
AN ACT*
To amend the third section of an act, entitled An act pointing out the duty of
Sheriffs, in selling lands under execution, passed the twenty-second day of De-
cember, 1808.
The recited
act, so far as
it regards
Jackson coun-
ty, repealed.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That from and after the passing of this act, so
much of the above recited act as requires the sheriffs of the different counties to adver-
tise their sales in some public paper, printed in their respective circuits, so far as re-
spects the county of Jackson, be, and the -same is hereby repealed.
Sheriffs of
Jackson and
Clark coun-
ties required
to advertise
their sales in
one of the pa-
pers of Mil-
ledgeville.
Sect. 2. And be it further enacted, That the sheriffs of Jackson and Clark coun-
ties be, and they are hereby required to advertise their sales in one of the public pa-
pers in Milledgeville, any law to the contrary notwithstanding. f
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 19th December, 1817.
WILLIAM RABUN; Governor.
* See act of 1819, No. 109.
t This act amended as to Clark county by act of 1818, No. 106,
CLERKS, SHERIFFS, AND OTHER OFFICERS. 181?. 159
AN ACT (No. 103.)
To allow Clerks to appoint Deputies.
WHEREAS, considerable inconvenience arises to the good citizens of this state, in Preamble.
consequence of the non-appointment of deputies by the clerks of the Superior, Inferior
and Corporation Courts, and the Courts of Ordinary of this state; for remedy
whereof,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met,- and it is hereby enacted by the authority of the
same, That immediately from and after the passing of this act, the said clerks shall be Clerks autho-
allowed to appoint a deputy or deputies, in the same manner and under the same rules po i n t depu-
and regulations as deputies of sheriffs are now by law appointed, who may continue in ties *
office during the term of his or their said principal or principals, unless specially re-
moved : Provided always, that in case of the death, resignation or disability of the said Proviso-
principal clerk or clerks, the power and authority of the said deputy or deputies shall
cease and determine, and that the said several principal clerks shall, in all cases, be
responsible for the acts of each and every of their said deputies and agents.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives ,
MATTHEW TALBOT,
President of the Senate.
Assented to, 19th December, 181?.
WILLIAM RABUN, Governor.
160 CLERKS, SHERIFFS, AND OTHER OFFICERS. 181?.
(No. 104.) AN ACT
To legalize the proceedings of the Superior, Inferior Court or Courts, and
Courts of Ordinary , in the county of Columbia, so far as respects the acts
of Clerk or Clerks, performed by deputy or deputies, agent or agents, and to
make the same valid.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
The acts of That the individual proceedings of the Superior, Inferior Courts, and Courts of Ordi-
or agents in S nar y °f tne county of Columbia, so far as relates to the clerk or clerks of said court
th ri ? u ? e " or or courts, shall be, and they are hereby declared to be efficient, legal, valid and binding,
Courts, and notwithstanding the proceedings and acts of said clerk or clerks were performed by
Court of Ordi-
nary of Co- deputy or deputies, agent or agents,
lumbia coun-
ty, legalized.
This act ex- Sect. 2. And be it further enacted, That this act shall extend to, and have the
acts perform- effect °f legalizing any past proceedings and acts of said clerk or clerks, performed as
ed as afore- aforesaid, any law to the contrary notwithstanding.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 18th December, 1817. <
WILLIAM RABUN, Governor.
'■ ■
CLERKS, SHERIFFS, AND OTHER OFFICERS. 18ir. i 61
AN ACT . * (No. 105.)
To alter and amend the forty-seventh section of the Judiciary System of this state,
and pointing out the manner of filling vacancies in the offices of the Superior
and Inferior Courts.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is enacted by the authority of the same,
That when the sheriff, clerk of the Superior Court, or clerk of the Inferior Court's Vacancies of
office in any county, shall be vacated by death, resignation or otherwise, the justices of how' filled
the Inferior Court, or a majority of them, shall immediately meet at the court-house in
the county where such vacancy may happen, and proceed to fill* said vacancy by ap-
pointing a fit and proper person, who shall give bond and security in the usual amount,
and in the usual form, and take the usual oath, and such person shall be liable for : the
duties of sheriff in the county for which he was appointed; and such person shall con-
tinue in office, unless otherwise specially removed, until a successor is elected and
qualified. ♦
* • ■ * • - -
Sect. 2 ; And be it further enacted, That in the absence of the sheriff or his deputy, m. the absence
it shall and may be lawful for the judges of the Court of Ordinary, to direct said court or hi" d^uty,
to be opened and attended by the coroner or any constable of the county, and they Ordinary'mty
may make a reasonable compensation to the said coroner or constable for his ser- be °P ened >
■ . . &c. by the co-
roner or any
constable.
vices.
Assented to, 19th December, 1817.
BENJAMIN WILLIAMS,
speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
WILLIAM RABUN, Governor
162
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1818.
(No. 106.)
AN ACT
To amend an act, entitled An act to amend the third section of an act, entitled An
act pointing out the duty of Sheriffs in selling lands under execution, passed the
22d December, 1808, which amending act was passed the 19th December, 1817.
Repealing
clause.
The sheriff of
Clark county
authorized to
advertise his
sales in any
public paper
in the western
circuit, or in
Milledgeville
Sect. 1. BE it enacted^by the Senate and House 'of Representatives of the state
of Georgia, in General Assembly met, That so much of, the above recited act as com-
pels the sheriff of Clark county to advertise his sales in one of the public papers* in
Milledgeville, be, and the same is hereby repealed • and that the said sheriff of Clark
county is hereby authorized, at his discretion, either to advertise his sales in any public
newspaper in the western circuit, or in the town of Milledgeville, anything in the above
recited act to the contrary notwithstanding.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives,
Assented to, 20th November, 1818.
MATTHEW TALBOT,
President of the Senate*
WILLIAM RABUN, Governor.
No. 107.)
AN ACT
To extend the powers of Sheriffs and Constables in certain cases.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
sheriffs au- That it shall be lawful for sheriffs, in all cases where a bail or criminal process is placed
serve a bail i n their hands, and the person against whom it may be is moving about from one county
or criminal tQ anotner f or the said sheriff, or his deputy, to follow the said person or persons into
process in any ' 7 r J 7 J r
county, when ari y county in this state, and serve the said process.
the person
asrainst 'whom it is shall be moving about from one county to another. 4 «
Power of Sect. 2. And be it further enacted, That it shall be lawful for any constable, and he
tended as to is hereby required, in all cases where a bail or criminal process is placed in his hands,
bairo/crlmi- anc ^ the person against whom the same may be is moving about from one district to
nal process.
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1818. |6S
another, to serve the said process in any district within the county in which he may be (No. 107.)
constable.
Sect. 3. And 'be it' further enacted, That each and every constable shall give bond, Constables re-
i • , i ri i • • r i " • i • quired to give
with two or more securities, to be judged or by the justices ot the peace, in their respec- bond and se-
tive districts, in the sum of five hundred dollars, (unless said district be in a town, and cun y '
in that case, one thousand dollars,) for the faithful performance of the duties of their
office of constable. All laws, or parts thereof, militating against this act, are hereby Repealing
clause,
repealed. •
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 19th December, 1818.
WILLLAM RABUN, Governor.
AN ACT - '. (No. 108.)
To relieve Criminals and other persons confined in the Jails of this state.
WHEREAS, criminals and other persons confined in the jails of this state, are exposed Preamble.
to unnecessary hardship and sufferance, from the want of medical "aid, when sick ; from
the want of fire in cold weather ; and from the want of clothes and blankets, and other
comforts necessary to health : for remedy whereof,
'♦ ■
Sect. 1. BE it enacted by the Senate and House of Representatives,, in General Assem-
bly Thet, and it is hereby enacted by the authority of the same, Thatit shall be the duty of Sheriffs re-
• rr r 1 't j • '• • • i i quired to pro-
the sheriffs or each county, whenever a criminal or criminals, or other person or persons, cure medical
are confined in the jail of the county of which he is sheriff, to furnish or procure medi- ^ rs m r iaii 1S °
cal aid, whenever the sickness of the person or persons confined in jail require said aid ;
it shall also be the duty of the sheriff to furnish such person or persons, so confined, with To furnish
r i ' r r them with fire
fire, whenever the. form oi the jail admits of the same, and the coldness of the weather in cold wea-
makes fire necessary to comfort and health; it shall also be the duty of the sheriff to &< ? r ' ance '
furnish such persons so confined, with a sufficient quantity of blankets and clothing for
the health and comfort of persons so confined; Provided, the person or persons so con- Proviso,
fined have not the power of procuring blankets and clothing themselves ; it shall also be
Y 2
164 CLERKS, SHERIFFS, AND OTHER OFFICERS. 1818.
(No. 108.) the duty of the sheriff to keep the jail of the county of which he is sheriff, in that state
Proviso. of cleanliness necessary to health : Provided, nothing contained in this act shall be Con-
sidered as arresting, or taking from the corporation of the city of Savannah, the right
and control over the jail of the county of Chatham, now exercised by them under a
special act of this state.
Liability of Sect. 2. Be it further enacted, That if any sheriff should,' by his negligence, permit
SiiP "'ITT in CRS6
any prisoner any criminal or criminals, or other person or persons, confined in the jail of the county
forwantof °^ wn J cn h e * s sheriff^ to suffer in health for want of such medical aid, fire, blankets,
such medical clothes, and cleanliness, as above pointed out, he shall be subject to indictment for such
aid, &c. r .
neglect, and upon conviction, shall be fined by the court in a sum not more than five
hundred dollars, which fine shall be paid to the - clerk of the Inferior Court of the
county, and made part of the county funds.
Jailors' fees in- Sect. 3.* And be it further enacted, That the jailors of the several counties of this
creased 50 per
cent. state, shall be allowed to charge the sum of fifty per cent, on all charges heretofore al-
lowed by law.
Expenses in- Sect. 4. And be it further enacted, That whenever the sheriff of any county shall
currcd by vir-
tue of this act, have incurred any expense in the performance of his duty, as above prescribed, he shall
fiow deiraye . j a ^ before the Inferior Court of the county of which he is sheriff-- an account of the
same, who shall pay the same out of any funds belonging to said county, in preference
of all other claims upon said fund whatsoever.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate,
Assented to, 19th December, 1818.
WILLIAM RABUN, Governor.
* See title, " Fees, &c." act of 1819, No. 250, by which jailors' fees are settled at 25 per cent, on those
established previous to the 1st of December, 1818.
CLERKS, SHERIFFS, AND OTHER OFFICERS. 1819. 16 5
AN ACT (No. 109.)
To amend an act, entitled An act to amend the third section of an act, entitled An
act pointing *out the duty of Sheriffs in selling lands under execution, passed
the 22d December, 1808.
Sect.-1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act, so much of the above recited act as requires Repealing
section
the sheriff of the county of Jackson to advertise his sales in one of the public papers
in Milledgeville,*be, and the same is hereby repealed.
Sect. 2. And be it further enacted, That the sheriff of the county of Jackson be, Th e sheriff of
• . ..,.,. . Jackson coun-
and he is hereby required, to advertise his sales in any public paper printed within the ty authorized
western circuit, or in one of the public papers printed in Milledgeville, any law to the iSs rales in any
contrary notwithstanding. public paper
J P ♦ in the western
circuit, or in
DAVID ADAMS, Milledgeville.
Speaker of the House of Representatives.
. MATTHEW TALBOT,
* President of the Senate.
Assented to, 23d November, 1819
JOHN CLARK, Governor.
IQ6 CLERKS, SHERIFFS, AND OTHER OFFICERS. 1819.
(No. 110.) AN ACT
To repeal an act, entitled An act to compel the Clerks to keep their offices at the
Court-house of their respective counties, or within one mile thereof , passed the
1th day of December, 1807,, so far as respects the county of Montgomery.
Sect. 1. BE it enacted by the Senate and House of Representatives of the .state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same 9
Repealing That the before recited act, so far as respects the county of Montgomery ^ be, and the
same is hereby repealed.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 9th December, 1819.
JOHN CLARK, Governor.
[ 167 ]
CONFISCATION.
AN ACT
To amend an act, entitled Jin act to establish a fund for the redemption of the
public debt of this state.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That- it shall not be lawful for the commissioners, or Sales of con-
any one or more of them, to make sale of any confiscated or reverted -property, until pe rty regulat-
they shall have reported the same to the legislature of this state, and their decision or e '
further direction be had thereon. J
Sect. 2. And be it further enacted. That the said commissioners of confiscated and Duty of the
i i«it, , commissioners
reverted property, shall, m all cases where property may come to their knowledge, make of confiscated
report of the same to the next succeeding legislature, after having given, notice in one prop erty.
of the public gazettes of the cities of Augusta and Savannah, with a full description of
such property so to be by them reported, at least three months previous to the meeting
of the same.
Sect. 3. And be it further enacted, That on the amount of all sales hereafter made Their com-
by the said commissioners, they shall be entitled to and receive their two and a half per
cent., payable in such certificates as shall be receivable in payment for the same j and
that all informers shall also receive their per centum in the same.
ROBERT IVERSON,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate.
Executive Department, Georgia.
Assented to, 16th December, 1811.
D. B. MITCHELL, Governor=
168 CONFISCATIONS. 1818.
(No. 112.) AN ACT
To take off the act of Confiscation and Banishment the name of John M c Cor-
mick, his heirs and devisees, and assigns.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
The recited Georgia, in General Assembly met, That the act, entitled An act for inflicting penalties
act, so far as . . r i 1 •
it regards on, and confiscating the estates or such persons as are therein declared guilty of trea-
mick, repeal- son > an d f° r other purposes, passed the fourth day of May, one thousand seven hundred
ed * and eighty-two, so far as -the same relates to John M c Cormick, be, and the same is
Proviso. hereby repealed : Provided, that nothingin this act shall be so construed as to affect any
property, the title to which has been derived from this state, or which has been sold ac-
cording to the -above recited act.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to,* 19th December, 1818.
WILLIAM RABUN, Governor,
4
[ 169 ]
COSTS,
AN ACT
To provide for the payment of costs* in certain cases therein mentioned.
WHEREAS, it frequently happens in this state, that persons prosecuted for offences Preamble.
not capital, after their arrest, so dispose of their estates as to involve the county where
such offences are committed in the cost accruing on such prosecution ; for remedy-
whereof,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor- When any
gia, in General Assembly ir\ft, and it, is hereby enacted by the authority of the same, b e prosecuted
That where any person or persons shall be prosecuted for any criminal offence, whether offenceTh^
capital or otherwise, whether grand or petit larceny, whether as accessory before or °ffi cer issuing
after the fact, or any misdemeanor whatever, that it shall be the duty of the officer issuing to arrest, shall
a warrant to arrest him, her, or them, to direct the arresting officer in writing, under his resting officer
hand and seal, to make diligent search for all and singular the estate, both real and per- ^ secure a
sonal, of such person or persons so arrested, or so much thereof as will be, in his sufficient por
1 . tion of such
opinion, sufficient for the payment of all legal costs and expenses that may be incurred person's pro-
in such prosecution ; a true schedule of which property so found and secured, the said fy all costs, &c.
arresting officer shall render to the court to which he returns the warrant, so by him tion 1 unless
executed, unless the party arrested give good security to pay the costs which may accrue the party give
on the prosecution, the payment
thereof
* See title, " Judiciary laws," act of 1812, No. 288, making attornies liable for costs in certain cases; also
&ct of 1819, No. 294, authorizing justices of the peace to require any person residing out of the county, who
may apply for a civil process, to deposit the cost, or give security for the same.
> z
i
170 COSTS. 1816.
(No. 113.) Sect. 2. And be it further enacted by the authority aforesaid, That in the event of the
Property of sa j^ p erson or persons charged as aforesaid, being found guilty of the offence or offences
charged liable wherewith he, she, or they were charged, that then, and in that case, all the property
for costs, in , . •
cast- lie be found as aforesaid, together with all and singular the estate or estates, both real and
• personal, which he, she, or they possessed, of his, her or their own proper right, at the
time of his, her or their arrest, shall, and the same is hereby declared to be subject and
bound to the payment of the costs and charges alluded to in the foregoing section ; any
law, usage, or custom, to the contrary notwithstanding.
BENJAMIN WHITAKER,
Speaker of the House of Representatives .
WILLIAM RABUN,
President of the Senate.
Assented to, 13th December, 1816.
D. B. MITCHELL, Governor.
C 171 ]
CONSTITUTION, AMENDMENTS OF THE.
1811
AN AGT* (No. .114.)
To amend the fourth and fifth sections of the third article of the Constitution
of this state.
WHEREAS, the fourth and fifth sections of the third article of the constitution of Preamble,
this state, are in the words following, viz : Fourth section : " The justices of the Infe-
rior Courts, shall be appointed by the General Assembly, and be commissioned by the
Governor ; and shall hold their commissions during good behaviour, or as long as they
respectively reside in the county, for which they shall be appointed, jmless removed by
sentence on impeachment, or by the Governor on the address of two-thirds of each
branch of the General Assembly ; they may be compensated for their services in such
manner as the legislature may by law direct." v
Fifth Section. " The justices of the peace shall be nominated by the Inferior Courts
of the several counties, and commissioned by the Governor, and there shall be two jus-
tices of the peace in each captain's district, either or both of whom shall have power to
try all cases of a civil nature within their district, where the debt, or liquidated demand,
does not exceed thirty dollars, in such manner as the legislature may by law direct;
they shall hold their appointments during good behaviour, or until they shall be remov-
ed by conviction, or indictment in the Superior Court, for mal-practice in office, or for
* The amendment contained in this act, having been duly made, became a part of the constitution; but, it
being afterwards found to be inconvenient in its operation, another amendment was adopted in lieu thereof;
for which, see act of 1818 and 1819, No. 117.
Z 2
172
CONSTITUTION, AMENDMENTS OF THE. 1811 & 1812.
(No. 114.) any felonious or infamous crime, or by the Governor on the address of two-thirds of
each branch of the legislature."
And whereas, the term of good behaviour has a tendency to destroy that sense of re-
sponsibility, which should ever be kept alive in a free country, and felt by every indivi-
dual in whose hands the duties of office are reposed f
This act to be-
come a part of
the constitu-
tion.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same it is hereby enacted,
That as soon as this act shall have passed, agreeably to the requisitions of the constitu-
tion, that then the sections above recited shall be repealed, and the following adopted
in lieu thereof :
Justices of
the Inferior
Courts, when
and how elect-
ed and com-
missioned.
Plow remov-
ed.
May be com-
pensated for
their services.
Five for each
county.
Vacancies,
how filled.
Sect. 2. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the justices of the Inferior Courts shall be elected on the third Tuesday in Octo-
ber, eighteen hundred and thirteen, and on the third Tuesday in October in every fourth
year thereafter, by the electors entitled to vote for members of the General Assembly,
which election shall be held and conducted in the same manner as pointed out by law
for the elections of clerks and sheriffs ; and the persons so elected shall be commission-
ed by the Governor, and continue in office for the term of four yearsj unless removed
by impeachment for mal-practice in office, or by the Governor, on the address of two-
thirds of .both branches of the General Assembly ; they may be compensated for their
services in such manner as the legislature may by law direct ; and there shall be five
justices for each county, who shall hold their offices until their successors are elected
and qualified ; and when any vacancy shall happen by death, resignation, or otherwise,
of any justice of the Inferior Court, it shall be the duty of two or more justices of the
Inferior Court^ or justices of the peace, to give at least. twenty days notice by adver-
tisement, at three of the most public places in the county, previous to the election, to
fill such vacancy; which election shall be held in the same manner as is by this section
before expressed.
Two justices
of the peace
in each cap-
tain's district.
Their jurisdic-
tion.
When and
how elected.
Sect. 3. And be it further enacted by the authority aforesaid, That there shall be two
justices of the peace in each captain's district, in the several counties of this state, either
or both of whom shall have power to try all cases of a civil nature within their dis-
trict, where the debt or liquidated demand does not exceed thirty dollars, in such man-
ner as the legislature may by law direct; they shall be ejected on the first Saturday in
January, eighteen hundred and thirteen, and on the first Saturday, in January in every
fourth year thereafter, by the citizens of the district to which they respectively belong,
entitled to vote for members of the General Assembly; which election shall be super-
CONSTITUTION, AMENDMENTS OF THE. 1811 Sc 1812. 173
intended by three freeholders of the district, "whose duty it shall be to take the follow- (No. 114.)
ing oath, to be administered by the captain, or commanding officer of said district, to
wit: a I, A. B. do solemnly swear, that I will, to the best of my abilities, superintend
the election of justices of the peace for this district, so help me God;" and they shall Return of the
transmit a return of said election, within twenty days, to his excellency the Governor,
who is hereby authorized to commission the persons so elected accordingly; and they Continuance
shall hold their appointments during the term of four years, and until their successors
are elected and qualified, unless they shall be removed by conviction on indictment in How remov-
ed,
the Superior Court, for mal-practice in office, or for any felonious or infamous crime,
or by the Governor on the address of two-thirds of each branch of the legislature. And Vacancies,
when any vacancy shall happen by death, resignation, or otherwise, of any justice of the
peace, between the time of such election and the expiration of the time for which such
justice or justices were elected, it shall be the duty of two of the justices of the peace,
in any of the adjoining districts where such vacancy or vacancies may happen, to ad-
vertise in three of the most public places in the district, where such vacancy or vacan-
cies may happen, the time of holding an election for the purpose of filling such vacancy
or vacancies, and give at least fifteen days notice of the time and place where such elec-
tion shall be held, which shall be in the district where such vacancy or vacancies shall
have happened; and it shall be the duty of the said justices to superintend such elec-
tion, and certify the same, under their hands, to his excellency the Governor, who shall,
within ten days after receiving the same, commission the person having the highest
number of votes, provided the. same is not contested.
ROBERT IVERSON, . -}
- Speaker of the House of Representatives. I
MATTHEW TALBOT,
j "*< President of the Senate, j
BENJAMIN WHITAKER, 1
Speaker of the House of Representatives. I
WILLIAM RABUN,
President of the Senate. J
Passed in 1811 and 1812, and became a part of the constitution.
174
CONSTITUTION, AMENDMENTS OF THE. 1817 8c 1818.
(No. 115.)
AN ACT*
To alter and amend the fourth section of the second article of the Constitution.
Preamble. WHEREAS, the fourth section of the second article of the constitution is in the follow-
ing words : " In case of the death, or resignation or disability of the Governor, the
president of the senate shall exercise the executive powers of government until jsuch
disability be removed, or until the the meeting of the next General Assembly,"
And whereas, the said section requires amendment :
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it. is hereby enacted by the authority of the same,
The recited That so soon as this act shall have passed agreeably to the requisitions of the con-
section • .. . .
amended. stitution, the above section shall be amended to read as follows :
Provision in In case of the death, resignation or disability of the Governor, the president of the
case of vacan- , , . • i r i -in i • c
cy in the ex- senate, or the last acting president ol the senate, shall exercise the executive powers of
ecutive office. t ^ e g 0vernme nt until such disability be removed, in the election and qualification of a
Governor by the General Assembly : And in case of the death, resignation or disability
of the president of the senate, or of the last acting president of the senate, the speaker
of the house of representatives, or the acting speaker of the house of representatives,
shall exercise the executive powers of the government, until such disability be removed,
in the election and qualification of a Governor by the General Assembly.
.1
BENJAMIN WILLIAMS,
Speaker of the House of Representatives. .
r J J r J>i8ir.
MATTHEW TALBOT,
President of the Senate. J
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 15th December, 1818.
WILLIAM RABUN, Governor.
Passed in 1817 and 1818, and became apart of the constitution.
M818..
* This act, having been passed in the manner prescribed by the constitution, now forms a part thereof.
CONSTITUTION, AMENDMENTS OF THE. 1817 & 1818. 175
AN ACT* (No. 116.)
To alter and amend the first section of the third article of the Constitution.
WHEREAS, the first section of the third article of the constitution is in the following Preamble,
words : "The judicial powers of this state shall be vested in a Superior, Inferior and
and Justices' Courts, and in such other courts as the legislature shall from time to time
ordain and establish. The judges of the Superior Courts shall be elected for the term
of three years, removable by the Governor on the address of two-thirds of both branches
of the General Assembly for that purpose, or by impeachment and conviction thereon.
The Superior Courts shall have exclusive and final jurisdiction in all criminal cases,
(except as relates to people of colour, and fines for neglect of duty, and for contempt of
court, for violations against road laws, and for obstructing water courses, which shall be
vested in such judicature of tribunal as shall be, or may have been pointed out by law,)
which shall be tried in the county where the crime was committed ; and in all cases
respecting titles to land, which shall be tried in the county where the land lies ; and
also concurrent jurisdiction in air other civil cases ; and shall have power to correct
errors in inferior judicatories by writ of certiorari, as well as errors in the Superior
Courts, and order new trials on proper and legal grounds : Provided, that such new trials
shall be determined, and such errors corrected, in the Superior Courts of the county in
which such action originated ; and the said court shall have appellate jurisdiction in
such other cases as are, or may be pointed out by law, which shall in no case tend to
remove the cause from the county in which the action originated ; and the judges there-
of, in all cases of application for new trials or correction of errors, shall enter their
opinion on the minutes of the court. The inferior courts shall also have concurrent
jurisdiction in all civil cases, (except in cases respecting the titles to lands ;) which shall
be tried in the county where the defendant resides, and in cases of joint obligors or
joint promissors, residing in different counties, the same may be brought in either county,
and a copy of the petition and process served on the party residing out of the county in
which the suit may be commenced, shall be deemed sufficient service, under such rules
and regulations as the legislature have or may direct. The Superior and Inferior Courts
shall sit in each county twice in every year, at such stated times as have or may be ap-
pointed by the legislature."
* The amendments contained in this act now form a part of the constitution.
A 76 CONSTITUTION, AMENDMENTS OF THE. 1817 Sc 1818.
(No. 116.) And whereas said section requires amendment :
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and by the authority of the same, TJhat the
Judicial judicial powers of this state shall be vested in a Superior, Inferior, and Justices' Courts,
and such other courts as the legislature shall from time to time ordain and establish.
Judges of the The judges of the Superior Courts shall be elected for the term of three years, and shall
Courts their continue in office until their successors shall be elected and qualified ; removable by the
in"ffice anCe Governor, on the address of two-thirds of both branches of the General Assembly for
How re- that purpose, or by impeachment and conviction thereon. The Superior Courts shall
mo y e ,.' . „ have exclusive and final jurisdiction in all criminal cases, (except as relates to people of
Jurisdiction of J * r r
the Superior colour, and fines for neglect of duty, and for contempt of court, for violations against
Exceptions, road laws, and for obstructing water courses, which shall be vested in such judicature or
tribunal as shall be or may have been pointed out by law ;, and except in all other minor
offences, committed by free white persons, and which do not subject the offender or
offenders to loss of life, limb or member, or to confinement in the penitentiary ; in all
such cases corporation courts, such as now exist, or mayhereafter be constituted, in any
incorporated city, being a sea-port town and port of entry, may be vested with jurisdic-?.
tion, under such rules and regulations as the legislature may hereafter by law direct ;)
which shall be tried in the county where the crime was committed ; and in all cases
respecting titles to lands, which shall be tried in the county where the land lies ; and also
May correct concurrent jurisdiction in all other civil cases ; and shall have power to correct errors
order new m inferior judicatories by writ of certiorari, as well as errors in the Superior Courts, and
tn order new trials on proper and legal grounds : Provided, that such new trials shall be
Proviso*
determined, and such errors corrected, in the Superior. Court of the county in which
Appellate such action originated ; and the said court shall have appellate jurisdiction in such other
cases as are or may be pointed out by law, which shall in no case tend to move the cause
from the county in which the action originated ; and the judges thereof, in all cases of
application for new trials or correction of errors, shall enter their opinion on the minutes
Jurisdiction of of the court. The Inferior Courts shall also have concurrent jurisdiction in all civil
Courts. cases, (except in cases respecting the titles to lands,) which shall be tried in the county
Joint obligors where the defendant resides; and in case of joint obligors and joint promissors, residing
ferent coun- in different counties, the same may be brought in either county, and a copy of the peti-
ues, iow sue . t j Qn an( j p rocess se rved on the party residing out of the county in which the suit may be
commenced, shall be deemed sufficient service, under such rules and regulations as the
The Superior legislature have or may direct. The Superior and Inferior Courts shall sit in each
Courts to sit county twice in every year, at such stated times as have or may be appointed by the
in each county l egis J atureo
biennially, °
CONSTITUTION, AMENDMENTS OF THE. 1817 Sc 1818. 277
Sect. 2. And be it farther enacted, That so soon as this act shall have undergone the (No. 116.)
requisitions required by the constitution, it shall become a part of the constitution This act to
9 Dccomc jh
of this state. . part of the
constitution.
BENJAMIN WILLIAMS, 1
Speaker of the House of Representatives. I
MATTHEW TALBOT,
President of the Senate
J
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate. \
Assented to, 19th December, 1818.
WILLIAM RABUN, Governor.
Passed, 1817 and 1818, and became a part of the constitution.
• AN ACT* . (No. 117.)
To alter and amend the second and third sections of an act passed in 1811 and
1812, entitled An act to amend the fourth and fifth sections of the third arti- .
cle of the Constitution of this State, which said second and third sections are
adopted in lieu of the said fourth and fifth sections of the third article of the
Constitution.
':';'• ; :
WHEREAS, the said second and third sections as aforesaid are in the following Preamble,
words, to wit: " Sec. 2. That the justices of the Inferior Courts shall be elected on
the third Tuesday in October, eighteen hundred and thirteen, and on the third Tuesday
in October in every fourth year thereafter, by the electors entitled to vote for members
of the General Assembly, which election shall be held and conducted in the same man-
ner as pointed out by law for the elections of clerks and sheriffs ; and the person so
elected shall be commissioned by the Governor, and continue in office for the term of
four years, unless removed by impeachment for mal-practice in office, or by the Go-
vernor on the address of two-thirds of both branches of the General Assembly; they
The amendment contained in this act now forms apart of the constitution; the act having- been passed in
the manner prescribed by the constitution.
Aa
178 CONSTITUTION, AMENDMENTS OF THE. 1818%. 1811
(No. 117.) may be compensated for their services in such manner as the legislature may by law-
direct ; and there shall be five justices for each county, who shall hold their offices un-
til their successors are elected and qualified ; and when any vacancy shall happen by
death, resignation or otherwise, of any justice of the Inferior Court, it shall be the
duty of two or more of the justices of the Inferior Court, or justices of the peace, to
give at least twenty days notice by advertisement, at three of the most public places in
•the county, previous to the election to fill such vacancy, which election shall be held in
the same manner as is by this section before expressed.
" Sec. 3. That there shall, be two justices of the peace in each captain's district, in
the several counties of this state, either or both of whom shall have power to try all
cases of a civil nature, within their district, where the debt or liquidated demand does
not exceed thirty dollars, in such manner as the legislature may by law direct. They
shall be elected on the first Saturday in\January, eighteen hundred and thirteen, and on
the first Saturday in January in every fourth year.thereafter, by the citizens of the dis-
trict to which they respectively belong, entitled to vote for members of the General
Assembly ; which election shall be superintended by three freeholders of the district^
whose duty it shall be to take the following oath, to be administered by the captain
or commanding officer of said district, to wit: 'I, A. B. do solemnly swear, that I
will to the best of my abilities superintend the election for justices of the peace for
this district; so help me God;' and they shall transmit a return of said election, within
twenty days, to. his excellency the Governor, who is hereby authorized to commission
the persons so elected accordingly ; and they shall hold their appointments during the
term of four years, and until their successors are elected and qualified ; unless they
shall be removed, by conviction on indictment in the Superior Court, for mal-practice in
office, or for any felonious or infamous crime, or by the Governor on the address of
two-thirds of each branch of the legislature ; and when any vacancy shall happen by
death, resignation or otherwise, of any of the justices of the peace, between the time
of such election and the expiration of the time for which such justice or justices were
elected, it shall be the duty of two of the justices of the peace in any of the adjoin-
ing districts, where such vacancy or vacancies may happen, to advertise in three of
the most public places in the district where such vacancy or vacancies may happen,
the time of holding an election for the purpose of -filling such vacancy or vacancies,
and give at least fifteen days notice of the time and place where such election shall
be held, which shall be in the district where such vacancy or vacancies shall have
happened; and it shall be the duty of said justices to supeiintend such election, and
certify the same under their hands to his excellency the Governor, who shall, within
ten days after receiving the same, commission the person having the highest number
of votes : Provided^ the same is not contested."
CONSTITUTION, AMENDMENTS OF THE. 1818 8c 1819.
179
And whereas it has been found, from experience, that the said two before recited (No. 117\)
sections have not those beneficial effects which it was designed they should produce :
" Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly: met, and it is hereby enacted by the authority of the same,
That as soon as this act shall~have passed agreeably to the requisitions of the constitu- Repealing
tion, that then the sections above recited shall be repealed, and the following adopted
in lieu thereof.
Sect. 2. BE it enacted by the Senate and House of Representatives of the state of
»
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the justices of the Inferior Court shall be elected by the persons entitled to Elections for
... . justices of the
vote for members of the legislature, in such manner as the legislature may by law inferior
,. , Courts.
direct.
Sect. 3. And be it further enacted, That the justices of the peace^throughout For justices of
this state shall be elected by the persons residing in their respective districts, entitled
to vote for members of the General Assembly, under such rules and regulations as the
legislature may by law direct.*
BENJAMIN WILLIAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate,
Assented to, 19th December, 1818.
WILLIAM RABUN, Governor.
DAVID ADAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate,
Assented to, 23d November, 1819.
JOHN CLARK, Governor.
* Passed in 1818 and*181.9, and became a part of the constitution.
See title "Judiciary latvs," act of 1819, No. 297, to carry into effect the constitution as herein amended.
Aa 2
[ 130 ]
^COUNTIES, COURT-HOUSES, AND JAILS.
' AN ACTf '
To make permanent the site of the Public Buildings in the county of Telfair.
Sect. 1. BE it enacted by the Senate and House of Representatives, in General Assembly
Site of the met, and by the authority of the same, That from and after the passing of this act, the
public build- .
ings in Telfair public buildings of Telfair county shall, be erected on part of lot No. 79, purchased
y ' from Jesse Wiggins, junior, in the eighth district, formerly Wilkinson county, on the
Ocmulgee river, by the commissioners appointed to fix on said site, in conformity with
an act passed at the session of the legislature, the eighth day of December, one thousand
eight hundred and ten.
Lots may be Sect. 2. And be it further enacted, That the commissioners be, and are hereby au-
thorized, to lay off and make sale of such lots as may be necessary to defray the expense
of the public buildings of said county.
Justices of the Sect. 3. And be it further enacted, That the justices of the Inferior Court, or a ma-
shall let out j or ity °f them, be, and they are hereby authorized and, required, to let the building of
the building- ot ^q court-house and jail for said county to the lowest bidder ; first giving at least thirty
house and jail jayg notice of the time of letting the said buildings, in some one or more of the public
to the lowest y #
bidder, &c. gazettes in this state, and at three or more of the most public places within the
county, and to take bond and sufficient security for the completion of the same.
Courts and Sect. 4. And be it further enacted by the authority aforesaid, That until the pubUt
where to be buildings of said county are in such a state of completion as to admit of holding courts
held in the ' .
interim. ~ ' ' '
* For those acts which authorize the levying of extra taxes, for the purpose of building court-houses and
jails, and for other county purposes, see title " Taxes extra."
f See act of 1812, No. 132, by which this is repealed,
COUNTIES, COURT-HOUSES AND JAILS. 1811.
181
thereat, the courts, elections, and all other county business, shall be held at the house of (No. 118.)
Jesse Wiggins, or such other place as a majority of the said justices may think most
convenient ; provided, the same shall be on the aforesaid lot seventy-nine.
Sect. 5. And be it further enacted, That all laws heretofore passed, militating against Repealing
clause
this act, be, and the same are hereby repealed.
ROBERT IVERSON,
1 Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 13th December, 1811.
D. B. MITCHELL, Governor.
AN ACT
(No. 119.)
To layoutaneiv County out of the Counties of Oglethorpe, Clark, Jackson, Frank-
lin, and Elbert*
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is enacted by the authority of the same, That a new
county shall be laid off out of part of the counties of Oglethorpe, Clark, Jackson, Frank-
lin and Elbert ; that is to say, beginning on the south fork of Broad river at the mouth of
Brushy creek, thence along the dividing ridge between the said Brushy creek and Beaver-
dam creek to the Clark county line, then.ee a direct line to where the Jackson county line
crosses Little Sandy creek, thence a direct line to the first fork of Big Sandy creek,
above Espy's mill, thence up the eastern fork of the same to Knight's old store, (in-
cluding the same,) thence to the head of Black's creek, in such manner as to leave all
the waters of Big Sandy creek in Jackson county ; from thence down Black's creek to
Strickland's saw-mill, thence a direct line to where the Franklin county line crosses
Hudson's fork of Broad river, thence down the meanders of the same to the confluence
thereof with the north fork of Broad river, thence down the meanders of the said north
fork of Broad river to the confluence of the same with the south fork of the said Broad
A new county
to be laid off,
out of a part
ofOglethorpe,
Clark, Jack-
son, Franklin
and Elbert.
Lines thereof
defined.
* See act of 1811, No. 126, supplementary to this : also act of 1813, No. 137, adding a part of Clark to Madi-
son county •. also act of 1819, No. 169, adding- a part of Elbert and Franklin counties thereto,
Xg2 COUNTIES, COURT-HOUSES AND JAILS. 1811.
(No. 119.) river, thence up the meanders of the same to the beginning; and ^11 that part of the
counties of Oglethorpe, Clark, Jackson, Franklin and Elbert, comprehended within the
Said county to lines aforesaid, shall form a new county, known by the name of Madison ; and that the
be called m # . r . 1 .
Madison. justices of the Inferior Court hereafter appointed for said county, or a majority of them,
Inferior Court sna u be ves ted with full power and authority to fix on the site* for ,the public buildings
be appointed, f or said county, which shall be as near the centre of said county as convenience will ad-
shall fix on the . r , • i-ii •■• .
site of the mit of; at which place the courts and elections shall be held, as soon as suitable build-
ing 10 l ings are erected thereat; and said'comniissioners,f or a majority of them, are author-
The building- i ze d and empowered to contract with fit and proper persons for the purpose of building
house and jail a court-house and jail in said county, which, after at least thirty days notice, shall be let
the lowest to the lowest bidder : Provided, That until the court-house shall.be erected, the elections
bidder. an( j courts f sa j c | CO unty shall be held, at the house of Henrv Strickland.
Proviso. y J
Surveyor of Sect. 2. And be it further enacted, That the surveyor : of Jackson county he, and he
Jackson coun- m /'• .•.*...-'"■■* - .
ty required to is hereby authorized and required, to run and plainly mark the several artificial lines
aforesaid. herein before designated, which shall be paid for by the county of Madison.
and justicesof Sect. 3., And be it further enacted, That all militia officers and justices of the peace,
comprehend- which are comprehended within the county of Madison, shall hold their respective corn-
ed m said new m i ss i ons m like manner as if they had been commissioned for said countv.
county to re- J i -
tain their com- ,
Madison coun- Sect. 4. And be it further .enacted' by the authority aforesaid, That the county of
ty added to Madison shall be added to and become a part of the-western circuit of this state, and the
the western l '
circuit. Superior Court in said county shall be held on the first Monday in April and October,
Times of hold- r . / .
ing courts and the Inferior Court of said county shall be held on the first Monday in February and
therein. .
August.
Justices of the Sect. 5. And be it further enacted, That the justices of the Inferior Court of the
to purchase a county of Madison, or a majority of them, shaltbe, and they are hereby authorized and
tract ot ^d required, to purchase a tract of land, not less than fifty acres, on which to fix the site of
the public t h e public buildings, and lay off the same in lots, and sell and dispose of the same at pub-
said land to be lie auction, to the highest bidder, on a reasonable credit, and the proceeds of said sale,
lots and sold, after paying the first cost of said land, shall be appropriated to the payment of the public
buildings and other county purposes.
County offi- Sect. 6. And be it further enacted, That there shall be an election held at the house
and 'where to of H. Strickland on the first Monday of January next, for the purpose of electing a clerk
be elected.
■ — . . i . — ■ ' » ' " I.' . • - .
* See act of 1812, No. 129, making Danielsville said site,
f See act of 1813, No. 142, authorizing said commissioners to complete certain contracts, and constituting 1
the Inferior Court commissioners of the court-house and jail.
COUNTIES, COURT-HOUSES AND JAILS. 1811. 1 33
of the Superior and Inferior Courts for said county, a sheriff, coroner, county surveyor, (No. 119.)
collector and receiver of tax returns.
Sect. 7. And be it further enacted by the authority aforesaid, That the county of- Said county
Madison shall be added to, and become a part of the first brigade of the fourth division 1st brigade of
of militia of the state of Georgia. -.X • s ; on of'theT"
militia, &e.
Sect. 8. And be it further enacted, That the justices of the Inferior Court for said Justices of the
-. ■ t Inferior Court
county shall convene at H.. Strickland's as aforesaid, as soon as possible, and from the shall select
best information which they may be able to procure, select grand and petit jurors, and petit jurors,
proceed to drawing said juries for the ensuing courts in the- manner pointed out by the
law regulating the selecting and drawing 'grand and petit juries in this state. #
Sect. 9. And be it further enacted, That the suits now pending in any of the coun- Suits already
c o m m g n c g cl
ties from which the county of Madison has been taken off, shall not be transferred to regulated. ■■
said new county, (except on actions for real estate,) but remain and be finally tried in
the respective counties in which they may be now pending. _" *
ROBERT IVERSON,
Speaker of the House of Representatives ,
MATTHEW TALBOT,
President of the Senate,
Assented to, 5th December, 1811,
D. B. MITCHELL, Governor,
J
184
COUNTIES, COURT-HOUSES, AND JAILS. 1811.
(No. 120.)
AN ACT
Courts, elec-
tions, &c. in
the county of
Wayne, where
they shall be
held.*
Proviso.
.To amend the several acts appointing commissioners to fix on the site for the pub-
lic buildings in the county of Wayne* and to regulate the Grand and Petit
Jury list.
t
Sect. 1. BE it enacted by the Senate and House of Representatives ofthestate of Geor-
gia, in General Assembly met,, and it is hereby enacted by the authority of the same, That
from and immediately after the passing of this act, the Superior and Inferior Courts,
Courts of Ordinary, elections, &c. shall, be holden by order of the said Inferior Courts,
or any three of them, at any convenient place within three miles of the court-house, or
at William Clements, the place at which the said courts, elections, &c. are now held :
Provided, the said Clements shall keep and maintain good order during the sitting of
any of the said courts, elections, &c. until the said court-house shall be so far complet-
ed as to receive the said courts, elections, &c.
When the
court-house
shall be co-
vered and
weather-
boarded,
courts, &c.
shall be held
therein.
Sect. 2. And be it further' enacted, That so soon as the said court-house shall be co-
vered and weather-boarded, the commissioners shall give the justices of the Inferior
Courts for said county proper notice; and the said justices shall, immediately on the
reception of such notice, give at least ten days public notice in the county ; after the
expiration of which notice, all courts and elections, and all other county business, shall
be held and transacted at the court-house aforesaid.
Duty of the Sect. 3. And be it further enacted, That when the justices of the Inferior Court for
concerning- ' tne county of Wayne shall regulate the list of grand and pent jurors agreeable to law,
the jury list they sna ll place the list of jurors in the proper department, and lock the jury-box, and
deliver the key to the sheriff.
Repealing
clause.
Sect. 4. And be it further enacted, That all laws or parts of laws, militating against
this act, be, and the same are hereby repealed.
ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 18th December, 1811.
D. B. MITCHELL, Governor.
* See act of 1812, No. 131, establishing the dividing line between Camden and Wayne counties, and adding
a part of Camden to Wayne*
COUNTIES, COURT-HOUSES, AND JAILS. 1811. X8S
i~ ■ ■ — ■■
AN ACT (No. 121.)
To add a part of Washington and Montgomery counties to Laurens county.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That all that part A part of
of the counties of Washington and Montgomery, included in a line beginning on the and Montg-o-
' . . . _ ,.-...- i i i r • i mery counties
Oconee river, opposite the .Laurens county line, where it intersects the banks ol said added to Lau.
river, and thence a direct line to the mouth of Forts creek ; thence up the meanders rens<
of the same to the limestone rocks ; thence a direct line to Wood's bridge, on the Big •
Ohoopie ; thence down said Ohoopie to Pugh's trail at the Mount Pleasant ford ; thence
in a direct line to the head of Mercer's creek ; thence down said creek to the Oconee
river ; and the same shall constitute a part of Laurens county.
Sect. 2. And be it further enacted by the authority aforesaid, That David Blackshear, Commission-
Paul Grimbel, and William Neil, be, and they are hereby appointed commissioners to to superintend
superintend the running and marking the said line ; and . the surveyor o/ Washington *? e F. unmn l> of
county is hereby authorized and required to run, and cause the said line to be distinctly Surveyor of
marked, under the direction of the aforementioned commissioners, or a majority of county requir-
them. !i t ?* unthe
same.
Sect. 3. And be it further enacted by the authority aforesaid, That all the expenses Expensesshall
incurred by, and in consequence of running and marking the said line, shall be defrayed D y Laurens
by the county of Laurens : Provided, the said expenses shall riot exceed the sum of count y*
, u Troviso.
twenty dollars.
ROBERT IVERSON,
i' .
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
Assented to, 10th December, 1811.
D. B. MITCHELL, Governor.
B
IS6 COUNTIES, COURT-HOUSES, AND JAILS'. 1811.
(No. 122.) AN ACT*
To make permanent the site of the Public Buildings in the town of Dublin,
county of Laurens.
Site of the gift in General Assembly met, and by the authority of the same, That from and after
public build- < m ■ a . . .
ing-s in Lau- the passing of this act, the public buildings of the said county of Laurens shall be
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gi
th
pointed out. erected on lot number two hundred and thirty-two, in the first district of Wilkinson
county at the time of surveying, now' Laurens county in conformity with an act passed
Proviso. on the 13th day of December, eighteen hundred and ten : Pro vided, that it is on the
same spot as the commissioners heretofore selected for the court-house lot.
Commission- Sect. 2. And be it further enacted by the authority aforesaid, That Jonathan Sawyer,
lie buildings Jethro B. Spivey, John G. Underwood, Benjamin Adams y < and Henry Shepherd, Es-
appomted; quires, be, and they are hereby appointed commissioners of the^ court-house and other
Who may lay public buildirfgs of said county of Laurens, and they, or a majority of them, are hereby
out and sell .
lots, &c. authorized and empowered to lay out and sell such a number of lots as may be sufficient
to defray the expenses of such public buildings as they may think necessary.
Repealing Sect. 3. And be it further enacted, That all laws/or parts of laws, militating against
this law, are hereby repealed.
ROBERT IVERSON,
Speaker of t}ie House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented -to, 13th December, 1811.
D. BV MITCHELL, Governor.
* See act of 1819, No. 164, amendatory of all previous acts on the subject.
COUNTIES, COURT-HOUSES, AND JAfrS. 1811.
187
AN ACT
(No. 123.)
To add a 'part of the county of Liberty to thai of Tatnall*
BE it enacted by the Senate and House of Representatives of the State of Georgia, in
General Assembly met, and by the authority • of the same", That from and after the pass- Dividing hue
ing of this act, the road leading from. Welis' ferry, on the Canoochee river, to Lane's counties of
ford, on Beard's creek, shall be held and deemed as the dividing line between the coun- ^^^d^
ties of Liberty and Tatnall, and all that part of the district above said line, that was fined,
formerly in Liberty county, is now declared to be part .of the county of Tatnall s Pro- fj^£ t added
vided nevertheless, that nothing herein contained shall be so construed as to prevent the t0 tlie latter.
tax collector or Liberty county from collecting any taxes which may be due from any pr<ms0,
person removed from Liberty county to 'Tatnall by this act, any law to the contrary
notwithstanding,
ROBERT IVERSON,
• - 4 . Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate,
Assented to, 13th December, 1811
D, B. MITCHELL, Governor.
* See act of 1811, No. 125, establishing the dividing line between Montgomery and Tatnall.
Bb £
188
COUNTIES, COURT-HOUSES, AND JAILS. 181 1.
(No. 124.)
AN ACT*
To amend an act, entitled Jin act to make permanent the site of the Public
Buildings in the town of Hartford, in the county of Pulaski.
Justices of the
inferior Court
of Pulaski
county ap-
pointed com-
missioners of
the court-
house and jail.
Said commis-
sioners may-
appoint a
clerk.
His oath.
He shall give
bond and se-
rity.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same it is hereby enacted,
That the justices of the Inferior Court be, and they are hereby appointed commis-
sioners of the court-house and jail, for the county of Pulaski, in the room of. the for-
mer commissioners, who refuse to comply with the requisites of the former act before
recited.
Sect. 2. Be it further enacted by the authority aforesaid, That the said commis-
sioners shall have power to appoint some fit and proper person for their clerk, to take
charge of all monies that have been collected and have not yet been appropriated to
county uses, together with all notes, bonds and other securities belonging to said
county funds, and that the said person so nominated, before he enters on the duties of
his office, shall take the following oath, to wit : I, A. B. do solemnly swear, that I will
faithfully discharge the duties confided to, and the trust reposed in me by the commis-
sioners, to the best of my skill and ability ; so help me God : and give bond, with two
or more good and sufficient securities, to the amount of twenty thousand dollars, made
payable to the Inferior Court of said county, and their successors in office.
Commission- Sect. 3. And be it further enacted by the authority aforesaid, That the said corn-
out and sell missioners, or a majority of them, are hereby authorized to lay out, and after giving
Jots to defray jfaitfy d avs notice in one of the public gazettes of this state, and advertise the same at
of the public two or m0 re public places in said county^ then shall proceed to sell a sufficient number
buildings. ' r * J ' r
of lots in said town of Hartford to defray the expense of building a court-house and
jail in said town of Hartford.
Shall cause Sect. 4. And be it further enacted, That it shall be the duty of said commissioners
llicir clerk to
lay a state- to cause their clerk to lay a full statement of all expenditures, monies, bonds and other
ment of all ex^
penditures, .
See act of 1813, No. 138, amending this act.
COUNTIES, COURT-HOUSES, AND JAILS. 1811. 139
securities, arising from the amount of sales of said lots, or otherwise belonging to said (No. 124.)
county funds, before the grand jury at their first meeting annually ; and also it shall be J? a ' nd e ;™;
the duty of the said grand jury, on their presentments, to report agreeable to the state- an ? ual |f' 11
ment made by said clerk. port thereon.
Sect. 5. And be it further enacted by the authority aforesaid, That the said com- May compen-
missioners shall have power to compensate their said clerk for his services out of said clerk out of
county funds ; and also the said commissioners, or their successors in office, who are fo^ 01111 y
hereby made a body corporate, shall have full power and authority to sue and be sued, Made a body
to plead and be impleaded .in any court of law or equity in this state, having cogni- cor P ora e>
zance thereof, any law or usage to the contrary notwithstanding.
Sect. 6. And be it further enacted, That all laws heretofore passed, militating Repealing
against this act, be, and the same are hereby repealed.
ROBERT IVERSON,
- Speaker of the House of Representatives.
MATTHEW TALBOT,
i President' of the Senate.
Assented to, 13th December, 1811,
D. B. MITCHELL, Governor.
clause.
AN ACT (No. 125.)
To establish the line between the counties of Tatnall and Montgomery*
Sect. 1. BE it enacted by the Senate ami House of Representatives in General
Assembly met, That from and after the passing of this act the line marked by Arthur The dividing
Lot and Joseph Collins, agreeable to a resolution .passed the fourteenth dav of Novem- line betw ? en
. * the counties
ber, 1809, be, and is hereby established and known as the dividing line between the of Tatnall and
counties of Tatnall and Montgomery. ' JltobSSid?
* See act of 1812, No. 135, adding a part of Telfair and Tatnall to Montgomery; also act of 1814, No. 145,
adding a part of Tatnall to the same.
190
COUNTIES, COURT-HOUSES, AND JAILS. 1811.
(No. 125.) Sect. 2. And be it further enacted, That all laws heretofore passed concerning the
Repealing same are hereby repealed.
clause, j r .
ROBERT IVERSON,
Speaker of the House of Representatives *
MATTHEW TALBOT,
President of the Senate,
Assented to, 14th 'December, 1811.
D. B. MITCHELL, Governor,
[No. 126.)
AN ACT
Supplementary to an act, entitled Jin act to lay put a new county out of the court*
ties of Elbert, Franklin, Jackson, Oglethorpe and Clark. •
Preamble. WHEREAS, in laying out the above recited new county, it appears that the sheriff
who has been elected and commissioned for the county of Elbert, now resides within
the limits of the aforesaid new county ; and whereas, doubts may arise as to his hold-
ing his office as sheriff of the aforesaid county of Elbert :
BE it therefore enacted by the- Senate and House, of Representatives of the state of
Georgia, in General ^Assembly met, and it is enacted by the ^ authority of the same,"
That the above recited act shall not be so construed as to deprive the sheriff who has
been elected already for the county of Elbert, from holding his office as sheriff of the
aforesaid county of Elbert, and he shall not be considered as the sheriff of the afore-
said new county during the term for which he has been elected sheriff of the aforesaid
county of Elbert, unless he should resign his commission as sheriff of the county of-
Elbert, and be re-elected for the aforesaid new county.
ROBERT IVERSON,
Speaker of the House of Representatives
MATTHEW. TALBOT,
President of the Senate,
The person
elected as she-
riff of Elbert
county shall
act as such in
said county,
although he is
included in
the newly
formed county
of Madison,
Assented to, 14th December, 181 1.
D, B, MITCHELL, Governor.
COUNTIES, COURT-HOUSES, AND JAILS. 1811. . 191
AN ACT • (No. 127.)
To make permanent the site of the Public Buildings for the county of Wilkinson.
r
Sect. 1. BE it enacted by the Senate, and House of Representatives of the state of
Georgia* in General Assembly met. and by the authority of the same, That the seat of the Site of the
^ ' ^ . public build-
public buildings for the county of Wilkinson be, and the same is hereby declared to be i ngs of Wil-
permanently fixed upon tract, or lot of land, number eighty-three, in the fourth district established! 1 * V
of Wilkinson county: Provided, good and sufficient titles can be procured for the same
within the term of six months from the passing of this act ; the titles to be made and
executed to the Inferior Court of said county, and their successors in office, to and for
the use of the county aforesaid ; which said public site shall be called and known by the Said site shall
J be called
name of Irwinton.* Irwinton.
Sect. 2. And be .it further enacted, by the authority aforesaid^ That John Proctor, Commission-*
Robert Barnett, John Speight, John Ball, arid, Daniel Hicks, be, and they are hereby and^utiio"-^
appointed commissioners, fully authorized to lay out and sell whatever number lots they, ^ ^Vs^H
or a majority of them, may think proper, in the following manner, to wit: one fourth any number
J *, ' v of lots.
part of the purchase money payable in twelve months from the day of sale, one fourth Terms of sale
part payable in two years, one fourth part payable in three years, and the remaining prescribed,
fourth part in four years thereafter, and shall take notes- from the purchasers with ap-
proved personal security, made payable to the Inferior Court, and their successors in
office, as well as a mortgage on the premises, executed to said- court ; and the money Money accru-
• • • • i 1 *i v r i-'i ing from the
arising from said sales is hereby appropriated to the building or a court-house and jail, sa i es appro-
under the direction of said commissioners, who are-liereby authorized and empowered buildup of a
to contract for the same, as soOn as tfrey, or a majority of them, may think proper, or court-house
deem it expedient, first giving thirty days public notice, in one of the Milledgeville ga-
zettes, and at three or more public places in the county, which shall be let out to the which shall
lowest bidder at public outcry ; the undertaker or undertakers shall be bound in a bond t b e i owes t
with approved security, in double the amount of the sum or 'sums undertaken for, to the bldder > &c -
Inferior Court, and their successors in office, for a faithful compliance to such contract
entered into with the commissioners aforesaid.
Sect. 3. And be it further enacted by the authority aforesaid, That the said commis- Commission-
sioners, or a majority of them, shall lay out and reserve one or two lots, as- they may out and re-
* See title " Toxvns," act of 1816, No. 671, incorporating Irwinton ; also, act of 1817, No. 672, amendatory
of said act.
192 . COUNTIES, COURT-HOUSES, AND JAILS. 1811.
" -.-...- ^ | , „ i , , , , ,
(No. 127.) think most proper, in an eligible part of said site, for the purpose of erecting a court-
serve one or house and jail thereon ; first strictly observing that in laying out the lots intended to
two lots ...
whereon to fix the public buildings upon, or those to be sold for county purposes, they shall be so
court and jail, arranged as not to interfere with the lines or lands of any other tract or lot of land ex-
cept said lot number eighty-three, or be so near thereto as to require any part thereofto
complete any lots ever contemplated to be laid out for county purposes.
Commission- Sect. 4. And be it further enacted, That in case the said commissioners should fail
ers authorized . •
to purchase a to procure the titles to tract or lot number eighty-three, in the fourth district as afore-
■within two said, within the time allowed them by this act, then and in that case, they,' or a majority
miles of the of them, are fullv authorized to purchase not less than one hundred acres, or more than
centre of the J r ■ ■'
county, in case two hundred two and a half acres, within two miles of the centre of said county, and
they should , , # .
fail to get titles proceed as before pointed out in all respects ; and in all cases it shall be the duty of the
the tract be- Inferior Court of said county to give such aid to said commissioners, as may most facili-
fore described tate t ^ e completion of the public buildings, or .so far as they may have the power of pub-
Inferior Court
shall aid said "C iunds. ■ ' . "
commission-
ers.
Any unappro- Sect. 5. And be it further enacted, That should there any monies remain unappro-
priated money , . . ;_ v '• \
arising from priated, arising from the sales of the aforesaid lots, after the public buildings are com-
the snips " • *+ «
aforesaid shall plete, such overplus, if any, shall be considered as constituting a part of the county funds,
become a part an ^ SUD ; ect to tne orders of the Inferior Court,
or the county J
funds, &c.
Courts, &c. Sect. 6. And be it further enacted, That the courts, elections, and other county busi-
until the ' ■ ness, shall be held at the house erected for that purpose, on tract or lot No. 83 in the
court-house fourth district, as aforesaid, until the court-house is completed, and the same reported to
the Inferior Court by the commissioners appointed to superintend the building the
same.
Repealing Sect. T . And be it further enacted, That all acts or parts of acts, touching or militating
against this act, be, and the same are hereby repealed.
ROBERT IVERSON,
/. Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate*
Assented to, 16th December, 1811.
D. B. MITCHELL, Governor.
COUNTIES, COURT-HOUSES, AND JAILS. 1812. 193
AN ACT (No. 128.)
To add a part of Washington county to the county of Baldwin.
BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met. and by the authority of the same. That from and after the A part of
J ' J J J ■ Washing-tor.
passing of this act, all that part of Washington county lying between Town creek and county added
the Oconee river^ shall constitute a part of Baldwin county, any law to the contrary not- Q f Baldwin.
withstanding.
BENJAMIN WHITAKER,
. . Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate,
Assented to,. 5th December, 1812.
D. B. MITCHELL, Governor.
AN ACT (No. 129.)
To make permanent the site of the public buildings in the county of Madison.
BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is enacted by the authority of the same, That Daniels- Danielsville
ville,* in the county of Madison, shall be the permanent site for the public build- man ent site of
ings of said county, at which place the courts and elections of said county shall be held, j* ndiri sof
from and after the first day of March next, any law to the contrary notwithstanding. Madison
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate,
Assented to, 5th December, 1812.
D. B. MITCHELL, Governor.
* See title "Towns," No. 682, act of 1817, incorporating Danielsville ; also act of 1818, No. 683, relative to
said town.
Cc
194
COUNTIES, COURT-HOUSES, AND JAILS. 1812.
(No. 130.)
AN ACT
To add to the county of Jackson all that territory formerly comprehended in
Franklin county, and which was lejt out by Hawkins' line.
Preamble.
WHEREAS, Colonel Hawkins, the United States agent for Indian affairs, in running
the line from the Currihee mountain to the head of the Appalachee river, did not run
said line agreeable to the true spirit and intent of the treaty, held at Augusta, on the 31st
day of May, 1783, but did leave on the Indian side of said line certain lands which was
the bona fide right of the state of Georgia and her citizens, and secured to her and them
by the third section of the fourth article of the federal constitution :
Certain lands
belonging- to
the state of
Georgia by
virtue of an
Indian treaty
held at Augus-
ta in 1783, and
left on the In-
dian side of a
line run by
Col. Hawkins,
shall be added
to the county
of Jackson.
Restriction as
to issuing and
locating
warrants, &c.
BE it therefore enacted by the Senate and House of Representatives of the state of Geor-
gia, in General- Assembly met, and it is hereby enacted by the authority of the same, That
all the land lying west and north-west of the above recited line, which lies on the waters
of the Oconee, up to the ridge dividing the waters of the, said Oconee from the waters
of the Chatahoochee river, commencing at a point of the line run by Hugh Mont-
gomery, under the direction of James Blair, James Van and Keateechee, where the
same crosses the dividing ridge between the said Oconee and Broad river, thence along
said ridge to the ridge dividing the waters of the Chatahoochee from the Oconee,
thence along said ridge a south-west direction, until the same is intersected by the line
run by Colonel Hawkins, be, and the same is hereby added to and made a part of
Jackson county; subject, nevertheless, to the same restrictions as to issuing and locating
warrants, &c. as is prescribed by the third section of an act, entitled An act to extend
the operation of the laws of this state over the persons resident in Wafford's settlement,
and to organize the same.
Assented to, 7th December, 1812.
BENJAMIN WHITAKER,
Speaker of the House of Representatives .
WILLIAM RABUN,
President of the Senate,
D. B. MITCHELL, Governor.
COUNTIES, COURT-HOUSES, AND JAILS. 1812. 195
AN ACT (No. 131.)
To make known and establish the dividing line between Camden and Wayne
Counties, and to add a part of Camden to Wayne.
WHEREAS, an act passed on the 20th day of December, 1808, to add part of Cam- Preamble
den county to the county of Wayne, has been found not to answer the beneficial pur-
poses intended, and which line never has been run :
BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and by the authority of the same, That the line dividing The dividing-
the said counties of Camden and Wayne shall begin at the ford of Little Satilla, t h e counties
where the post road crosses the same, thence a direct line to the mouth of Buffaloe, of J C 1 a ^ nden
r 7 7 and Wayne,
from thence to the lower line of the second district of Wayne, where lot No. 241 and defined,
240 join, thence up said line to where lot No. 16 and 17 join, on the Indian boundary
line ; and that all the lands lying to the north and west of the above described lines are A part of the
hereby declared. to be added to, ' and be a part of Wayne county; and that James to the latter.
Fort and Plenn Sheffield are hereby authorized to run out the said lines ; and that the Persons ap-
expense of running said lines be paid by the county of Wayne ; and that all laws mill- said lines.
tating against this law are hereby repealed. Repealing
ClclVlSCg
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate,
Assented to, 7th December, 1812=
D, B. MITCHELL, Governor,
C c2
196
COUNTIES, COURT-HOUSES, AND JAILS. 1812.
(No. 132.)
AN ACT
To repeal an act, entitled An act to make permanent the site of the public buildings
for the county of Telfair, passed December the third, eighteen hundred and
eleven.
Preamble.
Repealing 1
clause.
WHEREAS, by the authority of the before recited act, the commissioners appointed
have fixed, for the public site of said county of Telfair, on the lot or tract of land No.
79, which said lot is at least ten or twelve miles from the centre of said county, on the
Ocmulgee river : for remedy whereof,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That the before
recited act be, and the same is hereby repealed.
Inferior Court
of Telfair
county au-
thorized to
purchase a
tract of land
whereon to
erect a court-
house, &c. to
be within two
miles of the
centre of the
county, &c.
Place of hold-
ing courts, he.
until the
court-house
he built.
Sect. 2. And be it further enacted, That the justices of the Inferior Court of Telfair
county be, and they are hereby authorized and empowered to contract for not a less
number of acres of land than fifty, nor a larger number than two hundred two and a
half, for the purpose of erecting a court-house and other public buildings on such pur-
chase, to be at or within two miles of the centre of said county, and on or near the
Ocmulgee river; and said court is hereby required to report their proceedings to the
next legislature.^
Sect. 3. And be it further enacted, That the courts and elections for said county from
this time shall be held at the house of Mark Predgins, until the court-house for said
county shall be built.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 7th December, 1812.
D. B. MITCHELL, Governor.
* See act of- 1813, No. 140 ; also act of 1814, No. 148, amendatory thereof.
COUNTIES, COURT-HOUSES, AND JAILS. 1812. 197
AN ACT* ( No « 133
To lay out a new county out of the counties of Montgomery and Bulloch,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That all that
part of the counties of Bulloch and Montgomery, including a line beginning at Emanuel
r • county laid
the mouth of Skull's creek, thence up the main south-east' prong to the head thereof, out and de-
thence a direct course to Monk's ford on Fifteen-mile creek, thence down said creek
to the Montgomery county line, thence along said line to Pennington creek, thence
up said creek to the head, thence a direct line to the Laurens county line, thence
along said line to the Washington county line, thence along said line to Jefferson
county line, thence along said line to the Ogechee river, thence down said river to
the mouth of Skull's creek, the place of beginning ; and all that part of the counties of
Montgomery or Bulloch comprehended within, the lines aforesaid, shall form a new
county, to be known by the name of Emanuel.
Sect. 2. And be it further enacted, That Edward Lane, Francis Pugh, Needham Commission-
g-pc flf) T}01 lit PQ
Cox, Eli Whitdon and Uriah Anderson, shall be, and they are hereby appointed com- w h s ^ & \\ fix '
missioners, and they are hereby vested with full power and authority to fix on the site 5" the S1 . te ot
of the public buildings for said county, which shall be as near the centre of said county buildings,
v . . . . w hich sha11
as convenience will admit of, at which place the courts and elections shall be held, as be near the
centre of tnc
soon as suitable buildings are erected thereat; and said commissioners, or a majority of county.
them, are authorized and empowered . to contract with fit and proper persons for the Said commis-
. sioners autho-
purpose of building a court-house and jail in said county, which, after thirty days no- rizedto con-
tr&ct for the
tice, shall be let to the lowest bidder: Provided, that until the court-house shall be building- of a
erected' the elections and courts shall be held at the house of Stephen Rich. anTfaU&c
Proviso.
Sect. 3. And be it further enacted, That the surveyor of Montgomery county shall The surveyor
■l l • 1 °f Montgome-
be, and he is hereby authorized and required to run and plainly mark the several ry county re-
artificial lines herein before designated, which shall be paid for by the county of Klines rU "
Emanuel.f aforesaid.
* This act amended by an act of 1813, No. 141.
f This section repealed by an act of 1813, No. 141, 3d sec,
198 COUNTIES, COURT-HOUSES, AND JAILS. 1812.
(No. 133.) Sect. 4. And be it further enacted, That all militia officers and justices of the peace,
Militia officers wno are comprehended in the county of Emanuel, shall hold their respective commis-
and justices ...
of the peace sions in like manner as if they had been commissioned for said county,
comprehend-
ed in said new county, shall retain their commissions.
Emanuel Sect. 5. And be it further enacted by the authority aforesaid, That the county of
ed "to^themid- Emanuel shall be added to and become a part of the middle circuit of this state ; and
die circuit. tne Superior Courts of said county shall be held on the third Monday in May, and the
in°- courts. " f° urt h Monday in November ; and the Inferior Courts of said county shall be held on
the first Monday in February and July.
Commission- Sect. 6. And be it further -enacted- by the authority aforesaid, That the commis-
to^urchase" 1 s i° ners > or a majority of them, of the county of Emanuel, shall be, and they are hereby
tract of land authorized and required to purchase a tract of land, not less than fifty acres, on which
whereon to J
fix the public to fix the site of the public buildings, and lay off the same in lots, and sell and dispose
building's. .. . i 1 • i 1 • 1 1
May lay off of the same at public auction to the highest bidder, on a reasonable credit ; and the pro-
Ike ^ ots ' ceeds of said sale, after paying first cost of said land, shall be appropriated to the pay-
ment of the public buildings, and other county purposes.
Time and Sect. 7. And be it further enacted, That there shall be an election held at the Jiouse
uig- county of Stephen Rich, on the first Monday in January next, for the purpose of electing a
clerk of the Superior and Inferior Courts for said county, a sheriff, coroner, county sur-
veyor, collector and receiver of tax returns.
officers.
Emanuel an- Sect. 8. And be it further enacted by the authority aforesaid, That the county of
2d taigade, Emanuel shall be added to and become a part of the second brigade of the first division
1st division of
the militia of
the state.
of the militia of the state of Georgia.
Duty of the Sect. 9. And be it further enacted, That the justices of the Inferior Court for said
inferior Court county shall convene at the house of Stephen Rich as aforesaid, as soon as possible, and
gtradS? t0 from the best mformation which they may be able to procure, select grand and petit
petit jurors, jurors, and proceed to drawing said jurors for the ensuing courts, in the manner
pointed out by the law regulating the selecting and drawing grand and petit jurors in
this state.
COUNTIES, COURT-HOUSES, AND JAILS. 1812. I99
Sect. 10. And be it further enacted, That the suits now pending in any of the coun- (No. 133.)
ties from which the countyof Emanuel has been taken off, shall not be transferred to Suits already
■ m commenced,
said new county, except on actions for real estate, but remain and be finally tried in regulated.
the respective counties in which they may be now pending.
%
BENJAMIN WHITAKER,
Speaker 'of the House of Representatives.
WILLIAM RABUN,
> . President of the Senate.
Assented to, 10th December, 1812.
D. B. MITCHELL, Governor.
AN ACT
To change the name of the county of Randolph.
(No. 134.)
WHEREAS, it was obviously the intention of the legislature of Georgia, in designat- Preamble
ing a county in their state by the name of Randolph, to perpetuate the name of John
Randolph, a member of Congress from Virginia, whose early exertions in the cause of
democracy, and entire devotion to the republican system, claimed the approbation and
applause of every good citizen of these United States : But whereas, the conduct of said
John Randolph, in his official capacity as a member of Congress, has evinced such a
manifest desertion of correct principles, and such a decided attachment to the enemies
of the United States, as to render his name odious to every republican citizen in this
state and of the United States.
BE it therefore enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and by the authority of the same, That from and after The name of
the passage of this act, the county of Randolph shall be called and known by the name county diang-
of the county of Jasper, any law to the contrary notwithstanding. jasper!**' ° f
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate,
Assented to, 10th December, 1812.
D, B. MITCHELL, Governor:
200
COUNTIES, COURT-HOUSES, AND JAILS. 1812, 1813.
(No. 135.)
AN ACT
To add a part of the counties of Telfair and Tatnall to the county of Montgomery.
A part of
Telfair and
Tatnall coun-
ties added to
Montgomery,
BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and by the authority of the same, That all that part of
the counties of Telfair and Tatnall, that is to say, beginning on the Oconee river,
running with the Laurens and Telfair county line to the north prong of the Little
Ocmulgee, thence down the meanders of said Little Ocmulgee to its confluence,
thence down the Big Ocmulgee to its conjunction with the Oconee, thence N. 30 de-
grees E. to Milligan's creek, in Tatnall county, thence up said creek to the Montgomery
county line, and the same shall constitute a part of Montgomery county.
Assented to, 10th December, 1812.
BENJAMIN WHITAKER, .
Speaker of the House of Representatives
WILLIAM RABUN,
President of the Senate
D. B. MITCHELL, Governor.
(No. 136.)
AN ACT
To add a part of Clark county to Oglethorpe county.
BE it enacted by the Senate and House of Representatives of the state of Georgia,
A part of in General Assembly met, That from and immediately after the passing of this act, all
added °to Un ^ tnat P art °f ^ e tract °f * an d whereon Thomas M c Coy now resides, lying on the east
Oglethorpe. s ^ e Q f jj-g cree ]^ b e? and the same is hereby added to the county of Oglethorpe.
Assented to, 20th November, 1813.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
PETER EARLY, Governor.
COUNTIES, COURT-HOUSES, AND JAILS. 1813. 201
AN ACT (No, 1377)
To add a part of Clark county to the county of Madison.®
BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is enacted by the authority of the same, That from A part of
and immediately after the passage of this act, all that part of Clark county which would added to thfe
be included by a line commencing where the Madison county line intersects the Clark Madison!
county line ; thence along the dividing ridge between the waters of Beaver-dam and
Brushy creeks, to the head of Brushy creek, including all the waters of the same ; thence
to where the Jackson county line crosses Little Sandy creek, shall be added to, and
become a part of the county of Madison ; and that the county surveyor of Madison County sur-
be, and is hereby authorized to run and plainly mark the lines herein contemplated : Madison re-
Provided nevertheless, That the county of Clark shall not be chargeable with any part Xe^Hnes' *
of the expenses thereof, Proviso,
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate*
Assented to, 20th November, 1813.
PETER EARLY, Governor.
AN ACT (No. 13.
To amend an act, entitled An act to amend An act to make permanent the site of the
public buildings in the town of Hartford, in the county of Pulaski
WHEREAS, the above recited act does not authorize the justices of the Inferior Preamble.
Court to appropriate any part of the county funds, arising from the sale of lots in the
town of Hartford, to any other use than paying for the court-house and jail of said
county ; for remedy whereof,
BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and it is enacted by the authority of the same, That the justices
* See act of 1819, No, 169, adding thereto a part of the counties of Elbert and Franklin,
D d
202
COUNTIES, COURT-HOUSES, AND JAILS. 1813.
(No. 138.) of the Inferior Court of the county of Pulaski, or a majority of them, shall be, and they
are hereby authorized and empowered, to appropriate all monies which have arisen, or
may hereafter arise, from the sale of the lots in the town of Hartford, in the county of
Pulaski, after paying for building the court-house and jail of said county, to other county
purposes, as they may deem expedient, any law to the contrary notwithstanding.
Monies arising
from the sale
of lots in Hart-
ford, in the
eounty of
Pulaski, after
the court-
house and jail
is paid for,
may be appro-
priated to
other county
purposes.
Assented to, 30th November, 1813.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate,
PETER EARLY, Governor.
(No, 139.)
AN ACT
To make permanent the site of the public buildings in the county of Montgomery,,
and to authorize the justices of the Inferior Court of said county to select and
draw grand and petit jurors for spring term, 1814.
Sect. 1. BE it enaeted by the Senate and House of Representatives of the state of
The site of the Georgia, in General Assembly met y That the site latelv fixed on bv the commissioners
public build- ° J J - J
Ings of heretofore appointed, for that purpose, in the county of Montgomery, and their proceed-
established, ings in relation thereto, be, and the same are hereby confirmed ; and that the site fixed
Mount Vernon on ty sa ^ commissioners be known and called by the name of Mount Vernon.
Justices of the
Inferior Court
of said county
authorized to
select and
draw grand
and petit
jurors for
spring term,
1814.
Sect. 2. And be it also enacted, That the justices of the Inferior Court of Mont-
gomery county, or a majority of them, be, and they are hereby authorized to select and
draw grand and petit jurors for spring term, 1814.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
< President of the Senate,
Assented to, 30th November, 1813,
PETER EARLY, Governor.
COUNTIES, COURT-HOUSES, AND JAILS. 1813.
203
AN ACT
(No. 140.)
To make permanent the site of public buildings in Telfair county.*
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That from and after the passing, of this act, the place for building the court- Site of the
house and jail for the county of Telfair shall be on part of lot No. 340, in the 8th dis- Telfair county
trict, Wilkinson, now Telfair county.
Sect. 2. And be it further enacted by the authority of the same, That as soon as the Courts, &c.
court-house is built on said lot, all courts and elections which the law requires to be held thereat,
held at the court-house shall be held and conducted at the court-house aforesaid ; and ^^t-house
the same shall become the permanent site of the public buildings for the county of Tel- f na11 be buu %
fair ; any law to the contrary notwithstanding.
• -
Sect. 3. And be it further enacted by the authority aforesaid, That the justices of Justices of the
the Inferior Court, or a majority of them, for the county aforesaid, shall be authorized authorized to
and empowered to lay off and sell as many lots as they may deem necessary to defray i*L se
the expenses of building the court-house and jail in said county.
Sect. 4. And be it further enacted by the authority aforesaid, That the justices of the
Inferior Court, or a majority of them, for the county aforesaid, after giving thirty days
notice at three or more public places in said county, shall proceed to let out the build-
ing of the court-house and jail, at public outcry, to the lowest bidder.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
s WILLIAM RABUN,
President of the Senate.
They shall,
(after giving
certain no-
tice,) let out
the building
of the court-
house and jail
to the lowest
bidder.
Assented to, 30th November, 1813.
PETER EARLY, Governor.
See act of 1814, No. 148, amending this act.
Dd2
204 COUNTIES, COURT-HOUSES, AND JAILS. 1813.
(No. 141.) AN ACT
To repeal an act, compelling the Clerks of this state to keep their offices within
one mile of their respective Court-houses, so far as respects the county of Ema-
nuel ; and to make permanent the line dividing the counties of Bulloch and
Emanuel ; and to repeal the third section, and to alter and amend other sec-
tions of an act, entitled An act to lay put a new county out of the counties
of Montgomery and Bulloch, passed the 10th December, 1812, and for other
purposes.
Clerks of Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
tv not com- * Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
pelledtokeep That the act, entitled An act to compel the clerks of this state to keep their offices with-
their offices ' r r
within one i n one mile of their respective court-houses, passed the day of be, and
mile of the
court-house, the same is hereby repealed, so far as respects the county of Emanuel.
The dividing Sect. 2. And be it further enacted bii the authority aforesaid, That the dividing line be-
line between . J J J J # ° . .
the counties tween the counties of Bulloch and Emanuel shall be, and the same is hereby declared to
Emanuel de- De as follows : beginning at the mouth of Skull's creek; thence up said creek to the head
/-« p °^ tne south-east fork ; thence a marked line going Dority's trail ; thence to Tatnall
I Dec aCl Of i
1815, No. 150, county line, being the line lately run and marked by Isham Corbett, David Johnson,
with regard to
said line.) Hute Studsill, John Lanier, and Allen Lanier,
TheSdsection Sect. 3. And be it further enacted by the authority aforesaid, That the third section of
of the act lay- • i t a i r -i • r -**■
ingout the an act ? entitled An act to lay out a new county out ol the counties ol Montgomery and
Emanuel re- Bulloch, passed the 10th day ©f December, 1812, be, and the same is hereby repealed,
pealed.
Commission- Sect. 4. And be it further enacted by. the authority aforesaid, That* Joshua Wood,
who^reautho- Travis Thigpen, Jesse Price, John Wolf, and Gideon Hose, he, and they are hereby ap-
rized. to fix on pointed commissioners, who (or a majority of them) shall have power and authority to fix
the site of the r v J J ' * J
public build- on the site of the public buildings for the said county of Emanuel, and to purchase in
nuel county, behalf of said county a tract of land, which shall contain not less than fifty, nor more than
chase°a tract one nun dred acres ; and which shall be as near the centre of said county as practicable, on
of land wh
on to erec
the same.
of land where- w hich the public buildings of said county shall be erected; and the said commission-
on to erect x ° J
* See act of 1814, No. 146, by which two additional commissioners are appointed, and the site of the pub-
lic buildings established.
COUNTIES, COURT-HOUSES, AND JAILS. 1813. £05
ers are also authorized to lay off the said tract of land in lots, at their discretion, and (No. 141.)
after reserving to the county a sufficient number thereof for county purposes, may sell Said land to be
° , ( laid off into
and dispose of the remainder upon such terms, and in such manner, as they may think lots, and sold,
. . ... &c.
most conducive to the public interest; and the- monies arising therefrom shall, after ' , f
paying for said tract of land, be applied towards the building of a court-house and jail tne sales ap-
for said county, which buildings the commissioners are also authorized to let to the low- the payment
est bidder, at public outcry, giving at least thirty days notice of the time and place of tlle lan ^ an( j
letting the same, taking bond and security from the person contracting, for the faithful the bu "dmg ot
performance of the contract: Provided, that until the court-house shall be erected, the and jail, &c.
courts shall be holden, and elections had, at the house of Stephen Rich, in the said roviso
county of Emanuel.
Sect. 5. And be it further enacted, That" if the above commissioners, or a majority In case said
ri , 1-ici i i» • ■ i i • t ■ commissioners
of them, cannot or do not agree on the place lor the public site, then, and in that <i not agree
case, the justices of the Inferior Court of said county are authorized to appoint some °" 5 P lac< : ,
fit and proper person to ascertain the' centre of said countv ; and the justices of said justices of the
- ■ . . . Inferior Court
court are authorized to allow him reasonable compensation for his services, to be shall appoint
paid out of the county fund : And it is also enacted, that the above commissioners, or certain the
a majority of them, shall fix the public site thereat, or as near as conveniency will ad- centl ' e °£ tbe
mit of. The site to be
fixed thereat,.
. Sect. 6. And be it further enacted by the authority aforesaid, That the justices of the Inferior Court
Inferior Court for the county of Emanuel be, and they are hereby authorized and re- shall lay an ex-
quired, to lay an extra tax upon the inhabitants of Emanuel county, which shall not ex- X,™^ ° r r .
ceed one-fourth part of the general tax, for the purpose of building a court-house and P oses -
jail in said county, and for other county purposes.
Sect. 7. And be it further enacted, That the tax collector for the county of Emanuel Duty of the
tux collector
be, and he is hereby required to collect the said extra tax, at the same time, and upon w ith regard
the same terms, that he collects the general tax; and when collected, he shall pay over tneret0
the same to the clerk of the Inferior Court, to be applied to the purposes contemplated
by this act.
<i
Sect. 8. And be it further enacted by the authority aforesaid, That so much of the Repealing
act, entitled " An act to lay out a new county out of the counties of Montgomery and
206
COUNTIES, COURT-HOUSES, AND JAILS. 1813.
(No. 141.) Bulloch," passed the 10th day of December, 1812, as militates against this act, be, and
the same is hereby repealed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate
Assented to, 6th December, 1813,
PETER EARLY, Governor,
(No. 142.)
AN ACT
To extend the powers of the Commissioners of the Court-house and Jail of the
county of Madison. >
Preamble.
WHEREAS, in and by virtue of an act of the General Assembly of this state, lay-
ing out the county of Madison, the justices of the Inferior Court of the county afore-
said, or a majority of them, were authorized, amongst other things, to purchase fifty
acres of land, for the purpose of fixing thereon the site of the public buildings for said
county, and to lay off the same into lots, and to sell the said lots, under certain restric-
tions, and to apply the proceeds thereof to the building the court-house and jail of said
county, and for other county purposes, and to contract for the building the court-house
and jail for said county ; ,
Preamble. And whereas, the said justices of the Inferior Court have proceeded to contract for
the building the court-house of said county, and have also made sale of a number of
lots ; And whereas, it is expedient that the same commissioners, or a majority of them
should continue to act as commissioners, so far as to carry into eifect and complete the
contract by them made, for the building the court-house of said county, and to execute
titles to such lots as they may have sold:
Certain per-
sons authoriz-
ed to act as
commission-
ers, so far as
to execute
titles to lots
heretofore
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is enacted by the authority of the same,
That Edward Ware, James Sanders, William Fergus, Isaac Strickland, and Charles
Sorrells, or a majority of them, shall be, and they are hereby authorized to act as com-
missioners, so far as to empower them, or a majority of them, to execute titles to such
COUNTIES, COURTHOUSES, AND JAILS. 1813. 207
— '■■''•■ i sjasasagaaessssasaggagg
lots as they may have heretofore sold, and to carry into effect and complete the contract (No. 142.)
by them made for building the court-house of said county : Provided nevertheless, that l 301 ^ b y them
in case they should refuse or neglect to perform the several duties herein required of of Madison,
, . m and to com-
them, then, and m that case, the justices of the Inferior Court of said county for the plete a con-
time being, or their successors in office, or a majority of them, shall have full power and i ng a court-
authority to do and perform the same. house and jail.
v Proviso.
Sect. 2. And be it further enacted, That the justices of the Inferior Court of the afore- Justices of the
said county of Madison, for the time being, and their successors in office, or a majority f Madison"
of them, shall be considered as commissioners of the court-house and jail of said county, stXt^Vcom-
and clothed with the same powers as are given to the justices of the Inferior Court of missioners of
. J the court-
the county of Madison, by an act of the General Assembly of this state, passed on the house and jail,
fifth day of December, 1811.
Sect. 3. And be it further enacted, That all acts and parts of acts, which militate Repealing
against this act, be, and the same are hereby repealed. clause.
BENJAMIN WHITAKER,
Speaker of the House of Representatives ,
WILLIAM RABUN,
President of the Senate,
Assented to, 6th December, 1813.
PETER EARLY, Governor.
1
208 COUNTIES, COURT-HOUSES, AND JAILS. 1813.
(No. 143.) AN ACT
To define the line dividing the counties of Columbia and Warren.
BE it enacted by the Senate and House of Representatives of the state of Georgia,
Dividing line in General Assembly met, nnd it is hereby enacted by the authority of the same, That
between the •
counties of Reuben Y. Langston, of Columbia county, and P. Petit, of Warren county, be, and
WarreiTdefin- tne y are n ^ reD y authorized, to run and plainly mark the line dividing said counties,
e( l' beginning at Watson's old mill, on Sweetwater, running from thence to the old path at
Hodgin's old place, known by the name of the Old Lime Path, where R. Lazenbury
now lives, so as to leave said Lazenbury in Warren county ; from thence a direct line
to Stark's old mill, on Little river ; and that the said surveyors be entitled to receive for
their trouble the sum of twenty-five dollars each, to be paid by the Inferior Courts of
Proviso, their respective counties ; Provided, that should either of the persons appointed by this
act die, or become unable to perform the duties herein assigned him, it shall then be
lawful for the justices of the Inferior Court of the county where such failure may hap-
pen, to appoint some other fit and proper person to run the said line in his or their room
and stead.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
, President of the Senate.
Assented to, 6th December, 1813,
PETER EARLY. Governor,
COUNTIES, COURT-HOUSES, AND JAILS. 1814. 2Q9
AN ACT (No. 144.)
To alter and amend " Jin act to extend the operation of the laws of this state
over the persons resident in Wafford's Settlement, and to organize the same"
passed the 8th December, 1806.
BE it enacted by the Senate and House of Representatives of the state of Georgia,
. General Assembly- met, and it is I
om and after the first day of Jim
be, and the same is hereby repealed.
in General Assembly- met, and it is hereby enacted by- the authority of the same, That The 3d sec. oi
from and after the first day of June next, the third section of the before recited act ac t repealed,
BENJAMIN WHITAKER,
.> .">*." Speaker of the House of Representatives,
JARED IRWIN,
President of the Senate, pro tern.
Assented to, 9th November, 1814. , . •
PETER EARLY, Governor.
AN ACT • . (No. 145.).
- • •
For adding a part of Tatnall county to Montgomery county, and for other
purposes.
BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, That all that part of Tatnall county contained in, or lying to the A part of Tat-
north-west of the following boundary, be added to Montgomery county; ^beginning at added toMont-
the place where the present line of Montgomery and Tatnall counties strikes Milligan's S ornel T-
creek; thence a direct line to James M c Cloud's, including said M c Cloud in Montgo-
mery county ; then in au direct course to the present boundary line between Tatnall and
Montgomery counties ; and that the county surveyor of Montgomery be directed, with- Surveyor of
in nine months, to run out arid mark said line ;. and that the Inferior Court of the county requifedTo 7
run the line
E e
210
COUNTIES, COURT-HOUSES, AND JAILS. 1814.
(No. 145.) of Montgomery be authorized and required to pay the said surveyor, out of the county
His compen- funds, a sum which may, in their opinion, be commensurate with the services by him
performed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives
WILLLAM RABUN,
President of the Senate.
Assented to, 11th November, 1814,
PETER EARLY, Governor.
(No. 146.)
AN ACT
To make permanent the site of the public buildings in the county of Emanuel }
and to add tivo more Commissioners to the board of commissioners heretofore
appointed tojcontract and build said Court-house and Jail for said county.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
Slt , e ° f , th ? , sria* in General Assembly met. and by the authority of the same. That the site of the
public build- s ' ( , • J J . •"
ings of Ema- public buildings be at or within one mile of the place pointed out by Jesse Mezzle to
nuel county. •
be the centre ol said county.
Two commis- Sect-. 2. And- be it further enacted, That Jesse Mezzle and Archibald Culberth be
sioners added ., .. ••i-'iir •• u L r • i
to the original appointed commissioners to join the board ol commissioners •heretotore appointed, to
b dnted I to contract and carry into effect the building of the court-house and jail of said county;
contract for anc j fae S2L \£ commissioners, or a majority of them, shall have the same power, and to be
the building of
the court- governed by the same law passed to that effect, the sixth day of December, 1813, so far
of said county, as respects the contracting and building said court-house and jail, any law to the con-
trary notwithstanding. . .
Assented to, 18th November, 1814.
BENJAMIN WHITAKER,
Speaker of the House of Representatives ,
WILLIAM RABUN,
President of the Senate.
PETER EARLY, Governor.
COUNTIES, COURT-HOUSES, AND JAILS. 1814. 211
. AN ACT (No . U7 ; }
To move the site of the public buildings in the county of Bryan, and for other pur-
poses therein mentioned.
WHEREAS, the court-house and site of the public buildings in the county of Preamble,
Bryan is not central, byjnany miles, and to the great inconvenience to the inhabitants
thereof: •■. y m
Sect.'I. • BE it enacted therefore by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, That the court-house and jail be erected on- court-house
the new sitel which shall be either central at or near Mansford, on Canouchee river, as ® Jai .
/ ' 7 .Bryan county,
convenience will admit of. where to be.
I erected.
Sect. 2. Be it further enacted, That Godhilf Smith, Henry Sherman, James Mar- Commission-
* . . - . ers appointed
tin, Zachariah Wells, and Luke .Man, be, and they are hereby appointed commissioners, to fix on the
"■"' Sit 6* Or tnf*
who, or a majority of them, shall have power and authority to fix on the new site of the pu blic build-
public buildings for, the county of Bryan, and to purchase in behalf of said county a lot in £ s ° s lt
or tract of land which shall contain two acres, on which the public buildings of the purchase a
• , tract of land
. county of Bryan shall be erected. for said pur-
. • f> ose.
Sect, 3. Be it further enacted. That the commissioners are herebv also authorized A sale of the
J . • g ■■ J old court-
to expose to sale at public outcry, giving at least thirty days notice in three of the most house, jail, &c,
public places in the county, the old court-house, jail, and all the lot of land attached to
said buildings as the old site, which money shall be applied to the erecting the new V»
court-house on the new site.
Sect. 4. Be it further enacted by the authority aforesaid, That if, on trial, the Commission"
. " . . • ers invested
old court-house will not sell for its value, in that case the commissioners may either with a discre-
contract for the removal of the old one, or the building of a new one on the new site, to asto^there-^
the lowest bidder, taking bond for the faithful performance of the work from the under- "J° val °^ the '
taker, giving at least thirty davs notice in three of the most public places in the county: bouse, or the
.. " . .. building 1 of
and the commissioners shall adjudge of the value of the old buildings, and may bid in new one, in
I behalf of the county,- to prevent the court-house selling under its value. mer W1 \i no t
sell for its
: . value.
Sect. 5. Be it further enacted, That it shall be the duty of the justices of the Infe- Duty of the
nor Court to aid in facilitating the erection of the new court-house, and that they shall f SSL {& county
E e 2
212
COUNTIES, COURT-HOUSES, AND JAILS. 1814.
(No. 147.) lay the extra tax allowed by law to the county of Bryan, annually, until the court-house
with regard to is fit for the reception of courts, &c. j and that the justices of the Inferior Courts shall
said court-
house and jail, pay over to the aforesaid commissioners, all the money from the county fund that may
be now in hand, or that may be by extra tax or otherwise hereafter, that can be spared
until the new court-house is fit for use.
Courts and Sect. 6. Be it further enacted, That during the vacation of the court-house in
elections, . _ . . '
where held said county, by sale or otherwise, that courts, elections, &c. be held at the house occu-
pied by Mr. Lamb, Or any other house that may be procured by the commissioners
aforesaid.
Repealing' Sect. 7. Be it further enacted, That all laws, or parts of laws, militating against this
law, or any part thereof, are hereby repealed.
Assented to, 18th November, 1814.
BENJAMIN WHITAKEft,
Speaker of the House of Representatives ,
WILLIAM RABUN,
President of the Senate,
PETER EARLY, Governor.
No. 148.)
AN ACT
To amend An act to make permanent the site of the public buildings of Telfair
County. '■• , ' r
Sect. 1. BE.it enacted by' the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Place of build- That from and immediately after the passing of this, act, the place for building the
house Ind jail court-house and jail for the county of Telfair, shall be on part of lot No. 340, in the
comity. 3 ^ eighth district of Wilkinson, now Telfair county. . '
The justices Sect. 2. And be it further enacted, "That the justices of the Inferior Court, or a
Court lutf!o- r majority of them, shall have power to lay off any number of lots they may deem ne-
iized to lay off cessarv , and proceed to sell the same, by giving at least thirtv days notice in one of the
and sell any .
%
COUNTIES, COURT-HOUSES, AND JAILS.. 1814. • 213
public gazettes of the Ocmulgee circuit, and at three of the public places "in said (No. 148.)
county, for the purpose of building a court-house and jail for said county. number of
Sect. 3. And be it further enacted, That from and after the passing of this act, all Courts and*
courts and elections which are required to be held at the court-house, shall be held at w here to'be
the' place appointed as aforesaid ; and all laws and parts' of laws, militating against this,
be, and the same are hereby repealed. ' '» •. . " ; # clause.
BENJAMIN WHITAKER,-
■ Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 18th November, 1814.
PETER EARLY, Governor.
AN ACT*.
(No. 149.)
To add all that 'part of the unlocated territory of this slate which lies without the
limits of the present counties to the county of* Jasper, for the purpose of giving the
courts jurisdiction of crimes committed by white persons against white persons, in
said territory, and for other purposes.
.WHEREAS, the local situation- of this state is such, that many of the»citizens, as Preamble,
well of those of her neighbouring states, are nepessarily compelled to pass and repass
through, and sometimes to transact business of great importance in that part of our
unlocated territory, which is for the present assigned to the Indians for their hunting
ground ; And whereas, several crimes of the most Aggravating nature, as well as others
against the peace and good order of society, have been, and may in future -be committed,
against our good citizens ;. and as one of the primary objects of government is, that the
parties composing it shall-be protected in their persons and property, and as our judiciary
is deprived of doing either -the one. or the* other, from the want of jurisdiction, which
jurisdiction can only be given, agueeable to our constitution, by adding the same to some
one of the counties of this state :
This act amended by act of 1816 r No. 154,
214 COUNTIES, COURT-HOUSES, AND JAILS. 1814.
(No. 149.) BE it therefore enacted by the Senate and House of Representatives of the state
Theunlocated j- Q eor g\ a ^ i n General Assembly met, and it is hereby enacted, That "all the unlo-
this state, not cated territory which lies within the present chartered limits of this state, and which is
contained in . . r . . *
any of the pre- not contained in any of the present' counties of this state, but which is reserved to the
added to the ' Indians (by existing treaty) for their hunting ground, be, and the same is hereby added
county of to ^ an( j sna n become a part of the county of Jasper : Provided nevertheless, that nothing
Proviso, in. this act contained shall be so construed as to justify any surveyor in locating any
warrants &c. warrant, or any person in obtaining any grant, or any right or privilege whatever, other
than he, she or they had previous to the passing of this act, for any part of the aforesaid
territory; and all surveys made or grants issued, for any part of the same, shall be null
and void to all intents and purposes ; and the parties making such survey or surveys,
or obtaining any such grant or grants, shall be subject to all the penalties which are
prescribed by the fifth section* of an act, entitled An act to amend some and repeal -other
parts of the several land acts of this state, passed on the 22d day of February, 1785, for
preventing persons from making surveys or obtaining grants, for any lands lying or being
Proviso, without the limits of the counties then denned. And provided also, that in all cases of
upon prose- prosecution or imprisonment for criminal acts in said unlocated territory, the expense of
crimeTcom- tne prosecution and imprisonment shall be paid by the state, in case it cannot be
nutted in said recovered from the criminal or his property,
territory, &c. .
* . ' - • .
• . BENJAMIN WHITAKER,
Speaker of the House of Representatives*
WILLIAM RABUN,
President of the Senate.
Assented to, 23d November, 1814,
PETER EARLY, Governor.
COUNTIES, COURT-HOUSES, AND JAILS. 1815. 215
AN ACT (No. 150.)
To establish and make plain the dividing line between Bulloch and Emanuel counties.
Sect. 1, BE it enacted hy the Senate- and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That Allen Dixop, Jacob Minas, and Abisha Turner, or any two of them, shall have The dividing
line between
power and authority, so soon as may be, to lay out and make plain the dividing line the counties
between Bulloch and Emanuel counties, beginning at the end of Dougherty's Trail, on an( j Emanuel
Fifteen-mile creek, from thence a direct line to the Tatnall county line. required to
• . . J . oe run.
Sect. 2." And be it further enacted, That all acts or parts of acts militating against Repealing 1
this act, be, and the same are hereby repealed.
■ * * .
BENJAMIN WHITAKER,
- Speaker of the House of Representatives.
WILLIAM RABUN,
- President of the Senate,
Assented to, 30th November, 1815.
D. B. MITCHELL, Governor. '■•
AN ACT (No. 151.)
To sell and dispose of the court-house and jail and two acres of land, formerly the
court-house, jail, and the public square of Montgomery county, now in the county
of Emanuel. •
. ■ ■ •■
BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by 'the authority of the same, That
the commissioners of the court-house and jail, in the-cOunty of Emanuel, be author- Commission-
ized, and they are hereby directed to dispose of and sell the said court-house and jail, court-house
and the aforesaid two acres of land, it being the public lot of said county of Montgo- county 1 of **
•mery formerly, now Emanuel, and that the monev arising from the sale of said court- Emanuel re-
i . . ' * - qinredtodiS"
house, jail, and two acres of land, be returned to the Inferior Court of Emanuel county, pose of the
216
COUNTIES, COURT-HOUSES, AND JAILS. 1815.
(No. 151.) to b e disposed of in discharging any demands against said county, which may be
former court- _ ' _ t 1 • . ' _T _ . -M r . ,
house, &c. of approved of by the said Interior Court ot said county.
Montgomery. '
Proceeds
thereof how BENJAMIN WHITAKER,
appropnated. J '
Speaker of the. House of Representatives.
(No. 152.)
WILLJ^M RABUN,
President of the Senate,
Assented to, 8th December, 1815.
D. B. MITCHELL, Governor.
AN ACT
For adding part of Jasper county to Morgan county.
A part of Jas-
per county
added to
Morgan.
The surveyor
of Morgan
county requi-
red to run the
line.
Proviso.
BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That
all that part of Jasper county north of a line beginning at the corners of Jasper, Morgan
and Putnam counties, and running a direct course through the 15th and 19th districts,
and intersecting the Indian boundary line, at the corner of lots No. 154 and 181, in said
19th district, be added to and become a part of Morgan county ; and that the county
surveyor of Morgan county be directed to'run said line, by the Inferior. Court of said
county, after the 10th day of January next ; and that the said court be authorized to pay
said surveyor for running said line, as to them may appear just : Provided nevertheless,
that nothing in this law shall be so construed as to prevent the collector of taxes for the
county of Jasper to collect the arrears of taxes due from any of the citizens of that part
of Jasper county now added to the county of Morgan.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate. .
Assented to, 12th December, 1815."
D.,B. MITCHELL, Governor.
COUNTIES, COURT-HOUSES, AND JAILS. 1815.
217
AN ACT*
(No. 153.)
To authorize the justices of the Inferior Court of Richmond county, or a majority
of them, to sell and dispose of the Jail in the city of Augusta, and to erect
another in a more Jit and convenient place.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the said justices of the Inferior Gomrt of the county of Richmond, or a majority of
them, he, and they are hereby authorized to sell and dispose of the jail in the city of
Augusta and county of Richmond, together with the lot of land appertaining to the
same, to the highest bidder ; and to erect and build a jail for the use of the county of
Richmond, in any place, which to the said justices, or a majority of them, shall be
deemed and held the most fit and proper place for the erection and building of the said
jail.
Inferior Court
of Richmond
county autho-
rized to sell
the jail, &c.
thereof, and
to erect ano-
ther in a
suitable place.
Sect. 2. And be it further enacted by the authority aforesaid, That all laws and parts Repealing
cIelusc
of laws militating against this act be, and the same are hereby repealed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate.
Assented to, 16th December, 1815.
D. B. MITCHELL, Governor.
* See act of 1818, No. 162, authorizing the sale of the court-house, &c,
Ff
213 COUNTIES, COURT-HOUSES, AND JAILS. 1816.
(No. 154.) AN ACT
To amend an act, entitled " An act to add that part of the unlocated territory of
this state, ivhich lies without the limits of the present counties, to the county of
Jasper," passed the 23d day of November, 1814.
Preamble. WHEREAS, it is found by experience that the object of the before recited act cannot
be carried into full effect, on account of the large extent of territory :
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
The counties same, That from and immediately after the passing of this act, the counties of Wayne,
Montgomery, Montgomery, Telfair, Pulaski, Twiggs, Jones, Jackson and Franklin, shall have juris-
ki Twiees aS diction over crimes committed as mentioned in the before recited act, in the following
Jones, Jack- manner, to wit : all that unlocated territorv lying south-east of the boundary line, made
son and _
Franklin, shall in a treaty with the Creek Indians, by general Jackson, shall be added and become a part
have jurisdic- _ , c „ T
tion over ' of the county of Wayne,
crimes com-
mitted in the unlocated territory of this state. A part of said territory annexed to Wayne county.
Land courts. Sect. 2. And be it further enacted by the authority aforesaid, That nothing in this act,
from granting or t^ e act to which this act is amendatory, shall be so construed as to authorize any land
r°nts-±o be**' court m ^' ls state i or any of the counties named in this act, to issue or grant any land
levied on the warrants to be laid, or any surveyor to execute or lay any land warrant, on any part of
quired at the territory lately ceded to the United States by the Creek nation of Indians, at the
TticlcsoTi s
treaty, &c and treaty commonly called Jackson's treaty, or any other lands, the Indian title to which has
fronTexecu- not been heretofore extinguished ; and all surveyors who shall make any surveys, or
ting the same. a }j persons obtaining grants for any part or parts of said territory lately ceded by
said Creek Indians as aforesaid, and by this act added to Wayne county, shall be sub-
ject to all the penalties as prescribed by an act, entitled An act to amend some and repeal
other parts of the several land acts of this state,- passed on the 22d day of February,
Surveys made l 785 ; and all surveys made and grants obtained in the territory aforesaid, shall be, and
and grants ob-
tained in said they are hereby declared to be, null and void ; nor shall any court ever permit any plat
dared null or grant so obtained, or which may be so surreptitiously obtained, to be admitted before
and void, &c an y j ul y a s evidence of title to said land or territory, or any part thereof.
A part of said Sect. 3. And be it further enacted, That all that unlocated part of Jasper county
ed to Mont- ty m S above said boundary line, up to a road leading from the Big-bend on the Ocmulgee
gomery river, called Blackshear's road, leading to Trader's Hill, on St. Mary's river, including
said road, is hereby added to and made a part of Montgomery county.
COUNTIES, COURT-HOUSES, AND JAILS. 1816.
219
Sect. 4. And be it further enacted by the authority aforesaid, That all the unlocated (No. 154.)
territory north of said road, and up to Oswitchee Trail, including said Trail, leading ^P^ tt0
from the Ocmulgee, near the upper line of Telfair county, is hereby added to and made
a p'art of the county of Telfair.
Sect. 5. And be it further enacted, That all that unlocated territory north of said a part an-
Trail, and up to the Uchee Trail, leading from Hartford, now called Blackshear's road, Puiaski°
including said road, is hereby added to and made a part of the county of Pulaski.
Sect. 6. And be it further enacted, That all the unlocated territory north of said A part added
to Twjcsts
road, and up to the Federal road, leading from Fort Hawkins, including said road, to
Fort Mitchell, on the Chatahochee, is hereby added to and made a part of the county of
Twiggs.
*
Sect. 7. And be it further enacted, That all the unlocated territory north of said road, A part to
and up to a road leading from Zachariah Philips's, sen'r. on the Ocmulgee, including said ° neS Coun J '
road, which road crosses the Chatahochee at Canard's, is hereby added to and made a
part of the county of Jones.
Sect. 8. And be it further enacted, That all the unlocated territory north of said A P art t0
. m t Jasper,
road, and up to the Cherokee line, or a path leading from the High Shoals of the Appa-
latchee to the Standing Peach Tree, on the Chatahochee, .called the Hightower Trail,
including said Trail, is hereby reserved to the county of Jasper.
Sect. 9. And be it further enacted, That all the unlocated territory north of the last a part to
mentioned Trail, and as far as the Federal road, leading from Jackson county to Nicka- ac son '
jack, is hereby added to and made apart of the county of Jackson.
Sect. 10. And be it further enacted, That said Federal road, and all the territory north
of the same, to the 35th degree, or north boundary of this state, be, and the same is
hereby added to and made a part of the county of Franklin.
A part to
Franklin.
Sect. 11. And be it further enacted, That all offences, committed within the unlocated
territory as aforesaid, against the state, or all crimes committed by persons citizens of
this state, or of the United States, and- entitled to the privileges- of citizens as aforesaid,
or against the state, or any of its citizens as aforesaid, or within either of the counties
aforesaid, or in the territory thus added to either of said counties 1 , shall be tried and
Crimes com-
mitted in said
unlocated ter-
ritory triable,
&c. in the
county to
which such
territory is
annexed,
F f2
220 COUNTIES, COURT-HOUSES, AND JAILS. 1816.
(No. 154.) punished in the county to which said territory is added and made a part, any law to the
contrary notwithstanding.
BENJAMIN WHITAKER, '
Speaker of the House of Representatives .
WILLIAM RABUN,
President of the Senate.
Assented to, 18th December, 1816.
D. B. MITCHELL, Governor.
(No. 155.) AN ACT
To amend an act, entitled An act to establish the site of the public buildings
in Jones county, and appropriate the money arising from the sale of public
lots.
i
BE it enacted by the Senate and House of Representatives of the state of Georgia,
The justices in General Assembly met, and it is hereby enacted by the authority aforesaid, That
Court of Jones tne justices of the Inferior Court for said county for the time present, and their sue-
county, and cesS0 rs in office, be, and they are hereby appointed commissioners of the court-house
their succes- ' 7 J ; rr
sorsin office, anc [ j a jl G f said county, with all the authority and powers which by the before recited
commissioners act is given to the then justices of said Inferior Court, any thing in the before recited
house andjail act to the contrary notwithstanding.
of said county.
BENJAMIN WHITAKER,
Speaker of the House of Representatives ,
WILLIAM RABUJSF,
President of the Senate.
Assented to, 18th December, 1816.
D. B. MITCHELL, Governor.
COUNTIES, COURT-HOUSES, AND JAILS. 1816.
221
AN ACT
(No. 156.)
To authorize and empower the justices of the Inferior Court of Elbert county to
build or erect a new court-house, at any place in their discretion, within three
hundred yards of where the old one now stands.
BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That
at any time from, and immediately after the passing of this act, it shall and may be law-
ful for the justices of the Inferior Court of the said county of Elbert, or a majority of
them, whenever they shall have sufficient funds in their hands, to erect or build, or
cause to be erected or built, a new court-house in the said county of Elbert, at any site
or place they, or a majority of them, may deem proper: Provided, that it does not
exceed three hundred yards from where the old one now stands : And provided also,
nevertheless, that if the said justices of the Inferior Court aforesaid shall, within
three months from the passing of this act, be furnished with good titles to the original
public square, agreeable to a plan of the town of Elberton, whereon the court-house
now stands, clear of incumbrance, then, and in that case, the public buildings shall be
continued on said square.
The justices
of the Inferior
Court of El-
bert county
authorized to
build a new
court-house.
Proviso.
Proviso,
Assented to, 19th December, 1816.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
D. B. MITCHELL, Governor.
222 COUNTIES, COURT-HOUSES, AND JAILS. 1817.
(No. 157.) AN ACT '
To alter and amend an act, entitled " An act to make permanent the site of pub-
lic buildings in the county of Tiviggs, and for other purposes."
Sect. 1. BE it enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
The commis- same^ That the commissioners of the court-house and jail of said county of Twiggs^
sioners of the w <; . , ", .
court-house or a majority of them, shall, on the first Monday in January next, or within twenty
Twiffs-s coun- days thereafter, meet at the town of Marion, in said county, and transfer all monies
ty required to wn i c h have not heretofore been laid out for county purposes, together with all bonds,
monies, &c. in notes, and other securities, which may have been taken in consideration of the sale of
their hands to .
the justices of lots in the town of Marion aforesaid, to the justices of the Inferior Court of said county,
Court. under the penalty of five thousand dollars ; which said penal sum, on the failure of the
Penalty for compliance of said commissioners, or either of them, holding public money arising from
ance Pe ° " tne sa ^ e °^ sa ^ townlots, as also all bonds, notes, and other securities, may be sued
for, and recovered in any court of justice in this state having cognizance thereof.
Said justices Sect. 2. And be it further enacted, That the said, justices of the Inferior Court are
the same pow- hereby vested with the same power and authority that the said commissioners have
ers that said heretofore been possessed of, and liable to the same fines and penalties as regards the
commissioners r ■ ' * o" iU,J " iV -
possessed, &c. f un ds arising from the sale of the lots, &c. in the said town of Marion;
Said justices, Sect. 3. And be it further enacted. That the said justices of the Inferior Court, or a
the debts"con- ma j or ity °f them, after paying off the demands that are now due and owing by the
tracted by the sa ^ commissioners, for the building and completion of the court-house and jail in said
said commis- x .
sioners, may county, and for other necessary expenses, are hereby authorized to appropriate the ba-
the remainder lance of the funds of said county, or any part thereof, arising, or which may have arisen,
arising from from the sale of said lots, to the trustees of the Marion Academy, for the use and be-
the sale of lots nen t f sa i(j academy, or make such other disposition thereof as may, by said court, be
the Marion deemed most to the interest of the county.
Academy, &c.
&c. . .
Authorized to Sect. 4. And be it further enacted, That the said justices of the Inferior Court and
said town, not their successors, or a majority of them, are hereby authorized to sell and dispose of any
nosed of& ^ ot or l° ts > belonging to said town, not already disposed of, under the same restrictions,
and on such terms as are pointed out in the act authorizing said commissioners to sell
The proceeds lots, of which this act is amendatory, and to appropriate the funds arising therefrom as
priated. Pr ° directed by the third section of this act.
COUNTIES, COURT-HOUSES, AND JAILS. 1817.
• 223
Sect. 5. And be it further enacted, That all laws and parts of laws that militate (No. 157.)
against this act be, and the same are hereby repealed.
Assented to, 27th November, 1817.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
. MATTHEW TALBOT,
President of the Senate.
WILLIAM RABUN, Governor.
Repealing
clause.
AN ACT
(No. 158.)
To remove and make permanent the seat of the public buildings of M c Intosh
county at the town of Darien, and to provide for disposing of the present court-
house of M c lntosh county.
Sect. 1. BE it enacted by the Senate and House of Representatives of ', the state of
Georgia, in General Assembly met, and % is hereby enacted by the authority of the same,
That from and after the thirtieth day of April, eighteen hundred and nineteen, the
permanent seat of the public buildings of M c Intosh county shall be at the town of
Darien.
The seat of
the public
buildings of
M c Intosh shall
be at Darien
after the 30th
of April, 1819.
Courts and
elections,
where held.
Sect. 2. And be it further 1 * enacted, That until a court-house is built in Darien, all
courts and elections, from and after the thirtieth day of April, eighteen hundred and
nineteen, for the county of MTntosh, shall be held in some private house in the town
of Darien. : Provided, as soon as the mayOr and aldermen of Darien shall have built a Proviso
council-house, they shall allow the courts and elections of M c Intosh county to be held
in the council-house, until the Inferior Court of said county shall build a court-house,
or the mayor and aldermen may. sell the said council-house to the Inferior Court of
M c Intosh county for a court-house.
Sect. 3. And be it further enacted, That it shall be the duty of the justices of the Court-house
Inferior Court of M c Intosh county to proceed to build a jail in the town of Darien as bufltasloon*
early as possible : Provided, nothing in this act shall be construed to compel the pre- as P ossible -
Proviso.
sent clerks of the Superior and Inferior Courts to keep their offices at or within one mile
of the town of Darien^ until the expiration of the term for which they are at present
elected.
224
COUNTIES, COURT-HOUSES, AND JAILS. 1818.
(No. 158.) Sect. 4. And be it further enacted, That from and after the thirtieth day of April,
The present eighteen hundred and nineteen, it shall be the duty of the justices of the Inferior Court
court-house, # .
&c. to be sold, of M c Intosh county, after giving thirty days notice in two or more public places of
said county, to proceed to sell the present court-house and lot of ground, in such man-
ner as they, or a majority of them, may think most advantageous to the county, and
apply the proceeds of the sale to such public use as they may think most proper, and
advantageous.
Repealing
clause.
Sect. 5. And be it further enacted, That all laws and parts of laws militating against
this act be, and the same are hereby repealed.
Assented to, 20th November, 1818.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate
WILLIAM RABUN, Governor.
(No, 159.)
AN ACT
To authorize the justices of the Inferior Court of Emanuel county to sell the pub-
lic lots in the county, belonging to said county.
The public
lots of the
county of
Emanuel to
be sold.
Proceeds of
the sale ap-
propriated to
county pur-
poses.
Notice.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That from and im-
mediately after the passing of this act, the justices of the Inferior Court of Emanuel
county, or a majority of them, shall be, and they are hereby authorized to sell and dis-
pose of the whole, or any part of the lots belonging to said county, and make and exe-
cute a deed in fee simple to the. purchaser, which money arising from such sale, shall
be paid over to the cierk of the Inferior Court for county purposes, and that previous
to such sale the said justices shall give at least twenty days public notice in three or
more public places in said county, and at the court-house.
COUNTIES, COURT-HOUSES, AND JAILS. 1818. 225
-_■ ' ■ . ■*• •• « "
Sect. 2. And be it further enacted, That all laws or parts of laws militating against (No. 159.)
this act be, and the same are hereby repealed. Repealing
J l clause.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 17th December, 1818.
WILLIAM RABUN, Governor.
AN ACT (No . 160 .)
To define the lines between the counties of Washington and Hancock, so far as
respects the plantation of Thomas Coleman.
WHEREAS, doubts have arisen as respects the dividing line between the counties Preamble.
of Washington and Hancock, at or near the plantation of Thomas Coleman, or the
place commonly called the Cross Roads :
BE it enacted therefore by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is enacted by the authority of the same,
That from and immediately after the passing of this act, the road as it now is, so as to Dividing line
place the dwelling-house of the said Thomas Coleman in the county of Hancock, be, counties of *
and the same is hereby considered and taken as the true line of division between the Washin g ton
•j c txr i_- anc * Hancock
said counties ot Washington and Hancock, any law, usage or custom, to the contrary so defined as
thereof notwithstanding. L P "f
Thomas Cole-
BENJAMIN WILLIAMS, man in the
speaker of the House of Representatives.
latter.
Assented to, 19th December, 1818,
MATTHEW TALBOT,
President of the Senate.
WILLIAM RABUN, Governor.
G g
226 COUNTIES, COURT-HOUSES, AND JAILS. 1818.
(No. 161.) AN ACT
To organize the counties of * Walton, Gwinnett, Hall, and Habersham, and to
add a part of Jackson county to each of the counties of Walton, Gwinnett, and
Hall, and a part of Franklin county to the counties of Hall and Habersham,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
A part of Jack- That all that part of the county of Jackson, which lies south-east and south-west of a
son county i 1 • •
added to the line to commence on the Appalachee river, where the dividing line between the counties
Walton.° °f Walton and Gwinnett strikes the same, and continuing the course of said line until
the same strikes the Hog Mountain road ; thence down the same to the southern line of
said county ; thence along the same to the Appalachee river, shall be added to, and
Also, a part make a part of the county of Walton : and all that part of said county which lies above
county of " tne a b° ve prescribed line ; and thence along the road which passes Thompson's mill, to
Gwinnett. ^ e Mulberry fork of the Oconee river ; thence a direct line to the corner of Gwinnett
county on the top the Chatahoochee ridge, shall be added to, and become a part of
Also, a part Gwinnett county : and all that part of Jackson county, which lies north-west of a line,
county of Hall, to begin at the house of William Clements, and running parallel with a line commonly
called Hawkin's line, to the present line of Franklin county, be added to, and become
A part of a part of the county of Hall : and all that part of Franklin county, which lies north-
ed to Haber- west of a line beginning on the Tugalo river at the mouth of Walton's creek, and run-
ning up said creek to the Unacoy road ; thence till Blair's road crosses the same ; thence
along said road to Tate's bridge ; thence along the road to the Silver Shoals on the
Hutson fork of Broad river ; thence to the south-west corner of Habersham county, be
A part of added to, and become a part of Habersham county : and all that part of the county of
edtothecoun- Franklin, which lies north-west of a line running thence direct to the place where the
ty of Hall. dividing line between Jackson and Hall counties strikes the Franklin county line, shall
be added to the county of Hall.
Militia officers Sect. 2. And be it further enacted by the authority aforesaid, That all officers of the
the peace of° militia, and justices of the peace now in office, in either of the counties of Jackson or
Jackson or Franklin, and are comprehended in either of the aforesaid new counties, shall hold and
r ran klin coun- ? r '
ties, now in exercise their respective offices in the counties in which they may fall, in like manner as
office, who are _
included in if commissioned for said county.
any of the new
counties afore- _ .
said, shall re- "~ — " '
tain their offi-
c °- s > &.C- * With regard to the boundary lines, &c. -of these counties, see title, " Land acts," No. 318, act of 1818;
also, act of 1819, No. 322 ; see also present title, acts of 1819, Nos, 163 and 168.
COUNTIES, COURT-HOUSES, AND JAILS. 1818. 22 7
Sect. 3. And be it further enacted, That the justices of the Inferior Courts of the (No. 161.)
counties of Walton, Gwinnett, Hall, and Habersham, shall be, and they are hereby ap- T f h< : J ust]ce ?
pointed commissioners of the court-houses and jails in their several counties, and they Courts of said
. . , . . new counties
are hereby vested with full power and authority to fix on the site of the public build- made commis-
ings in their said counties, which shall be as near the centre of each county as conVe- CO urt-houses
niency will admit of, at which places the courts and elections shall be held as soon as <*nd jails of
suitable buildings are erected ; and they, or a majority of them, are hereby authorized counties.
to purchase as much land as they may deem necessary, on which to erect said build- as s e ^|f owers
ings : Provided, that they shall not purchase more than two hundred and fifty acres in Proviso.
each county ; and to contract with persons for the purpose of building a comfortable
court-house and secure jail in each of their several counties.
Sect. 4. * And be it further enacted, That until suitable court-houses shall be erect- Places of hold-
ing* courts, &c
ed in said several counties, the Superior and Inferior Courts and elections shall be held i n said coun-
in the county of Walton, at Easly's Cowpens ; and in the county of Gwinnett, at the tab] ' e court .
house of Elisha Winn ; in the county of Hall, at the house of John M c Duffy ; in the house be erec -
county of Habersham, at the school-house near Walter Adair's.
Sect. 5. And be it further enacted, That the justices of the peace in said several Justices of the
counties, or any two or more of them, after giving at least twenty days notice by adver- f saTd^oun*- S
tisement, in at least three of the most public places in their several counties, shall hold u ? s »"° w elec <>
• " - ' r r ' ed and com-
and superintend an election for five justices of the Inferior Court in each county, and missioned,
make return thereof agreeable to law, which said several justices shall be commissioned
by his excellency the Governor, to fill the vacancies occasioned by the creation of said
severalnew counties.
Sect. 6. And be it further enacted, That it shall be the duty of the justices of the Clerks, &c.
• • liow elected
Inferior Courts in said counties, or a majority of them, severally to advertise and hold and commis-
in said counties elections for clerks of the Superior and Inferior Courts, and sheriffs, S10ned -
county surveyors, and coroners, and make return thereof agreeably to law, who shall be
commissioned as is above provided for justices of the Inferior Court.
Sect. 7. And be it further enacted, That the militia officers in said several counties Militia officers
shall be, and they are hereby authorized and required to lay off said counties into com- -tie^sh^fdu"
pany districts ; to advertise and superintend elections in said several companv districts; vide said coun-
* . J \ r \ ./ - ties into com-
and it shall be the duty of any two of the justices of the peace in the adjoining dis- pany districts,
* This section repealed by act of 1819, No. 166^ which authorizes the justices of the Inferior Courts of
Walton, Gwinnett and Habersham to appoint temporary places of holding- courts and elections.
Gg2
228 COUNTIES, COURT-HOUSES, AND JAILS. 1818.
(No. 161.) tricts, to advertise and superintend elections in said several company districts, for two
Ssticesofthe justices of the peace and militia officers, and make returns accordingly,
peace and mi-
litia officers.
Said counties Sect. 8. And be it further enacted, That the militia in the said several newly created
the 2d bri- counties shall be added to, and become a part of the second brigade of the fourth di-
lon^f the ^ vision of the militia of Geor S ia -
militia of the
state.
Added to the Sect. 9. And be it further enacted, That the above counties shall be added to, and
western cii 1 -
cu i t form a part of the western circuit, and the Superior Courts shall be held in the county
Times of hold- of Walton, on the Thursday after the second Monday in August and March; on the
ing the Supe- • • \ r^
rior and Infe- Monday thereafter, in the county of Gwinnett ; on the Thursday thereafter, in the
county of Hall ; and on the Monday thereafter, in the county of Habersham ; and the In-
ferior Courts shall be held in the county of Walton, on the first Monday in November,
and on the Thursday thereafter, in Gwinnett ; on the Monday thereafter, in Hall, and
on the Thursday thereafter, in Habersham.
Regulation Sect. 10. *And be it further enacted, That nothing in this act shall be so construed
with resrard to
draws in the as to prevent those citizens who reside within the limits, and under the civil jurisdiction
famUottenF °*" tne counties of Jackson and Franklin, and who are hereby added to said new coun-
ties, from giving in for draws in the present contemplated land lottery, in the districts
in which they now reside, nor to authorize any person who now resides on the lands
lately acquired from the Cherokee and Creek Indians to a participation in said lottery.
Land courts in Sect. 11. And be it further enacted, That it shall not be lawful for the land courts in
said counties
prohibited any or either of the counties of Walton, Gwinnett, Hall or Habersham, to issue or sign
from issuing , , i -u i • • i r i
land warrants anv land warrant, nor shall the surveyor or surveyors in any or either or the counties
and surveyors a f oresa i(j locate or survev anv land in anv or either of said counties, until after the
from locating ' J J J
lands therein, l a nds lately acquired of the Creek and Cherokee Indians shall be disposed of agreeably
&c.
to law, nor until they shall afterwards be authorized so to do by law.
.Justices of the Sect. 12. And be it further enacted, That the justices of the Inferior Court of said
Inferior m . ' ,
Courts of said counties be, and they are hereby made commissioners of the court-house and jail in said
commissioners counties, and to sell and dispose of, and to make titles to any part of the lands which
of the court- they are by this act authorized to purchase for the site of the public buildings, and apply
jails thereof, the proceeds thereof, together with the proceeds of their several county taxes, which by
&c.
* This section repealed by act of 1819, No. 166.
COUNTIES, COURT-HOUSES, AND JAILS. 1MB. 229
law they are authorized to levy, towards defraying the expenses of erecting a court-house (No. 161.)
and jail in each of said several counties.
Sect. 13. And be it further enacted, That the justices of the Inferior Court of each Duty of the
said justices
and every one of said new counties, so soon as conveniency will admit, after they are concerning
commissioned, shall select persons for grand jurors, and proceed to draw grand and petit petit jurors.
jurors at such time and place as may be most convenient, any law to the contrary not-
withstanding : Provided nevertheless, that nothing herein contained shall be so construed Proviso,
as to authorize any surveyor appointed by the surveyor general to lay off the four upper
new counties, to wit : Walton, Gwinnett, Hall and Habersham, to run any lines into any
part or parts of the old counties, which is contemplated by the before recited act, to be
added to and become a part of any of said new counties ; and that the justices of the
Inferior Courts of Franklin and Jackson, shall appoint fit and proper persons to run and
plainly mark all lines which are not natural boundaries, and that they pay out of the old
county funds for the same.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the -Senate.
Assented to, 19th December, 1818.
WILLIAM RABUN, Governor.
AN ACT (No . 16
To authorize the Inferior Court of the county of Richmond to sell and dispose of
the court-house of said county and the lot appertenant, as well as all the public
property belonging to the said Inferior Court.
WHEREAS, the justices of the Inferior Court of the county of Richmond have, by Preamble
their petition presented to the General Assembly, stated, that an opportunity is afforded
them of making a very advantageous arrangement with the city council of Augusta,
relative to the court-house and jail of said county, and have prayed leave to sell and
dispose of the same, as well as all the public property belonging to the said Inferior
Courtj And whereas, the General Assembly are disposed to offer to the said Inferior
Court the opportunity of effecting an object so desirable to their county :
■230
COUNTIES, COURT-HOUSES, AND JAILS. 1818.
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That the Inferior Court of the said county of Richmond, and their successors in
office, or a majority of them, shall be, and they are hereby authorized and empowered
to sell, barter or dispose of, in any manner and upon any terms they, or a majority of
them, may think most conducive to the public welfare and convenience, the court-house
of said county, as well as the lot whereon the same is situate, with the appertenances, as
also the houses and lots on Bridge row, in the city of Augusta, and all and every other
species of public property belonging to the said county of Richmond: Provided, that
the proceeds of said sale, barter or disposition of said property, be appropriated to the
procurement of another court-house and jail, for the use of the county of Richmond :
And provided also, That the said county of Richmond shall not, by any arrangement to
be made by the said Inferior Court, by virtue of this act, be at any time deprived of a
court-house and jail, in and foresaid county.
(No. 162.)
The Inferior
Court of Rich-
mond county
authorized to
dispose of (by
sale or other-
wise) the
court-house,
&C. of said
county.
Proviso.
Proviso.
Also authoriz- Sect. 2. And be it further enacted by the authority aforesaid, That the said justices
of the Inferior Court of the county of Richmond, or a majority of them, shall be, and
they are hereby vested with full power and authority to alter and change the site of the
court-house
and jail.
Proviso. court-house and jail of said county : Provided, the same shall not be removed from the
city of Augusta, nor be placed above Washington street in said city.
Repealing
clause.
Sect. 3. And be it further enacted by the authority aforesaid, That all acts and parts
of acts militating against this act be, and the same are hereby repealed.
Assented to, 19th December, 1818,
BENJAMIN WILLIAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate,
WILLIAM RABUN, Governor,
COUNTIES, COURT-HOUSES, AND JAILS. 1819. 231
AN ACT (No. 163.)
To alter and define the line dividing the counties of Jackson and Gwinnett, and to
alter the line dividing the county of Gwinnett and the county of Hall.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the line dividing the counties of Jackson and Gwinnett, commencing at the point The dividing
line between
where the line dividing the counties of Walton and Gwinnett strikes the Hog Mountain t h e counties
road, and thence along the road which passes Thompson's mill, shall extend from said Gwfrniet^dT-
mill along an old road to Langston's mill, on the Mulberry fork of the Oconee river, fine d.
thence up said fork to where the line dividing the counties of Hall and Gwinnett crosses
the same, be, and the same is hereby declared to be, the line dividing the counties of
Jackson and Gwinnett.
Sect. 2. And be it further enacted, That the line dividing the counties of Hall and The dividing
Gwinnett shall commence at the mouth of Shoal creek, thence by a direct line to a t j le CO unties
point three and three-fourth miles north-east of a stake, the present corner of Hall and 5, . ^\
" . r Gwinnett de-
Gwinnett counties, on the Chatahoochee ridge, and on the line running from thence to fined.
William Clements, thence along said line to the Mulberry fork of Oconee river.
Sect. 3. And be it further enacted, That it shall be the duty of the Inferior Courts The inferior
. . , "' Courts of Hall
of Hall and Gwinnett counties to employ a fit and proper person to run said line, and and Gwinnett
the expenses to be equally paid out of the county funds by said counties. \ person to*
run said line.
Sect. 4. And be it further enacted, That all laws militating against this law be, Repealing
and the same are hereby repealed.
clause.
Assented to, 29th November, 1819.
DAVID ADAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate,
JOHN CLARK, Governor
232
COUNTIES, COURT-HOUSES, AND JAILS. 1819.
(No. 164.)
AN ACT
To alter and amend the laivs heretofore passed, fixing the site of the public
buildings of Laurens county, in the town of Dublin, and more particularly to
define the duties of tlie commissioners thereof
Commission-
ers of the
court-house
and jail of
Laurens coun-
ty appointed.
Said commis-
sioners, and
those appoint-
ed by resolu-
tion of the le-
gislature since
the act of
1811, esta-
blishing the
public build-
ings in Dub-
lin, declared
to be succes-
sors to those
appointed by
said act, and
their proceed-
ings con-
firmed. .
Said commis-
sioners autho-
rized to sell
lots in the
town of Dub-
lin;
And required
to discharge
a*hy sum owing
for building or
repairing the
court-house,
&c. out of the
proceeds of
any sales of
lots.
The overplus
appropriated
to the Laurens
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, audit is hereby enacted by the authority of the same,
That John G. Underwood, David Blackshear, Neill Munroe, Amos Love, Thomas
Moore and Archibald Griffin, commissioners, for the time being, and John Guytou,
hereby appointed in the place of Noah Stringer, also George W. Welsh and Lunsford
C. Pitts, hereby added, be, and they are hereby declared to be commissioners of the
court-house and jail of said county ; and that they, and those appointed by resolutions
of the General Assembly, since the passing of an act to make permanent the site of the
public buildings in the. town of Dublin, county of Laurens, on the thirteenth Decem-
ber, eighteen hundred and eleven, be, and they are hereby declared to be successors to
those appointed by said act ; and whatever may have been done by them, or either of
them, in pursuance of the duties assigned the original commissioners by said act, be
held as good and valid in law, as if the same had been done by the said original com-
missioners.
Sect. 2. And be it further enacted, That the said commissioners for the time being,
or a majority of them, or their successors in office, shall have full power and authority
to sell and dispose of any number of lots in the town of Dublin, belonging to said
county, in such manner as will in their opinion be most conducive to the interest of the
county, giving at least twenty days notice of the time and place of such sale, in three
or more public places of the county, and in all cases taking special care to secure the
purchase money.
Sect. 3. And be it further enacted, That the said commissioners, or a majority of
them, or their successors in office, are hereby authorized and required to pay off and
discharge any sum that may be owing for the building or repairing the court?house and
jail in said county, out of any monies which may have arisen, or which may hereafter
arise from the sale of the said lots ; and any balance which may be found remaining on
account of such sales, shall be paid over by said commissioners to the trustees of the
Laurens county academy, and become a part of the funds of that institution,
county academy.
COUNTIES, COURT-HOUSES, AND JAILS.. 1819. 233
Sect. 4. And be it further enacted. That it shall be the duty of the commissioners (No. 164.)
aforesaid- to lav off a lot of four acres of ground in some suitable situation on the pub- A lot to De
.'"/'■• laid off and
lie lands, and convey the same to the trustees of the Laurens county academy, on conveyed to
the trustees of
which to erect an academy, and such other buildings as may be necessary for that in- sa i<i aca demv,
stitution.
&c.
Sect. 5. And be it further enacted, That it shall be the duty of the said commis- A plan of said
sioners to cause a fair and correct plan of the said town of Dublin to be made, and re- \ m to i, e re _ "
corded in the surveyor general's office ; also to cause to be made, as far as practicable, ^ \ n
a correct account of the sales heretofore made, and to keep a correct account of the neral's office.
sales hereafter made by them, designating each lot by the number, and carry out the sales required.
amount for which it sold, including the name of the purchaser, and have the same en- Said commis-
tered into a record book to be provided for that purpose; also to keep fair and regular k eep m i nu tes
minutes of their proceedings, and an account of the expenditures and disposition made ceedhig-s P ac-
of any and all funds which may come into their hands by virtue of any sale of the said counts of their
J J expenditures,
lots. &c.
Sect. 6. And be it further enacted, That in case any of the commissioners for the Any commia-
time being, or their successors in office, who may now or hereafter be indebted for, or or m be _ a
on account of said town lots, either as principal or otherwise, and the sum or sums c ° me indeDt -
7 r r ' ed on account
owing by him or them being due, and they or either of them being notified and required of town lots,
• ri •• «ii ii and being 1 n o~
to pay tne s*pae by any one or more ol the commissioners not so indebted, and shall titled and re-
fail to satisfy and pay the amount due by him or them within two months from the Jjhe^ame ^
time of such notice, he or they so offending are hereby declared to be no longer com- any on ~ °£
missioners ; and the remaining commissioners shall be authorized to sue for and collect commissioners
..... n °t indebted,
the amount due and owing by him or them in any court having competent jurisdiction and failing to
i r pay the same
tnereot. within a cer-
tain time, shall be no longer commissioner ; and the amount due shall be sued for by the remaining commissioners.
Sect. 7. And be it further enacted, That all laws and parts of laws heretofore passed Repealing
* CI 3.11 SP
militating against this act be, and the same are hereby repealed.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
JOHN CLARK, Governor,
Hh
Assented to> 14th December, 1819.
234 COUNTIES, COURT-HOUSES, AND JAILS. 1819.
Telfair.
(No. 165.) AN ACT
To add a part of the county of Appling to the county of Telfair.
BE it enacted by the Senate and House of Representatives of the state of Georgia,
A part of in General Assembly met, and it is hereby enacted by the authority of the same, That
Appling 1 coun-
ty added to from and after the passing of this act all that part of the county of Appling known and
Tolfo^ ..... . .
distinguished in the plan of said county by district No. 1, shall be, and the same is
hereby declared to be, a part of the county of Telfair.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the .Senate*
Assented to, 14th December, 1819.
JOHN CLARK, Governor.
(No. 166.) AN ACT
To repeal the fourth and tenth sections of an act passed the 19th December, 1818,
organizing the counties of Walton, Gwinnett, Hall and Habersham, and to
authorize the justices of the Inferior Courts of the counties of Walton, Gwinnett
and Habersham to appoint temporary places of holding courts and elections in
said counties.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
The fourth That the fourth and tenth sections of an act, passed on the nineteenth of December,
stncl. tcntn. sec- *
tionsofthe eighteen hundred and eighteen, organizing the counties of Walton, Gwinnett, Hall and
reDealecT Habersham, be, and the same are hereby repealed, as fully and effectually as though the
same had never been passed, any law to the contrary notwithstanding.
The justices Sect. 2. And be it further enacted by the authority aforesaid, That the justices of
Courts of tne Inferior Courts, or their successors in office, or a majority of them, in the counties
netfanV^ 111 °^ Walton, Gwinnett and Habersham, be, and they are hereby authorized to appoint
COUNTIES, COURT-HOUSES, AND JAILS. 1819.
235
some fit and proper place, as near the centre of their respective counties. as may be prac- (No. 166.)
ticable, and have erected such temporary buildings as they may think suitable, for the Habersham
authorized to
purposes of holding courts and elections m, and pay for the same out of the county funds, appoint fit
places, and
erect temporary buildings for holding- courts.
Sect. 3. And be it further enacted by the authority aforesaid, That when said justices Suits, &c. re-
shall make such appointments, it shall be lawful that all suits and recognizances be made sa ^ p i aces
returnable to the same ; and that the sheriffs and their deputies in the above recited Duty of the
counties, shall summon all jurors and witnesses who may be subpoenaed to attend the summoning
courts in said counties, at the place so appointed in term time. jurors, c.
Sect. 4. And be it further enacted by the authority aforesaid, That all elections for Elections,
members to Congress and members of the General Assembly, justices of the Inferior
Courts, and all county officers, shall be held at and in the places so appointed.
Sect. 5. And be it further enacted by the authority aforesaid, That this act shall not Places ap-
be so construed as to authorize the before recited justices to make any of the places so aforesaioTnot
appointed permanent, until the land in said counties is drawn for, and .the centre of each t0 b . e P erma '
county properly ascertained and defined.
Sect. 6. And be it further enacted by the authority aforesaid, That this act shall re- Repealing
peal all laws or parts of laws militating against the same, any law to the contrary not-
withstanding.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 14th December, 1819.
JOHN CLARK, Governor,
Hh2
236 COUNTIES, COURT-HOUSES, AND JAILS. 1819.
(No. 167.) AN ACT
*To organize the counties of Early, Irwin and Appling,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
Elections for it shall be the duty of any three or more of the commissioners herein after named, not
justices of the *"-'. " ■•-"'•_ . . . - .
Inferior being themselves candidates, in each of the counties aforesaid, to advertise and superin-
counties of ten( l an election for five justices of the Inferior Courts for each of the aforesaid counties,
and A fTn" S* v * n § at * east fifteen days notice when said elections shall be held, at the places pointed
regulated. out by this act for holding the Superior Courts in said counties, until a permanent place
Returns of i s fixed on ; and the said commissioners shall certify, from under their hands, to his excel-
said elections.
lency the Governor the five persons having the highest number of votes, who shall be
Continuance commissioned by the Governor, and hold their offices until the next general election for
in office. . . .
justices of the Inferior Courts throughout this state, unless their offices shall sooner be-
come vacant by the laws of this state ; and that the following persons be, and they are
hereby appointed commissioners for superintending said elections in the counties afore-
Commission- said, to wit : for the county of Early, Alexander Watson, Robert Jackson, John Brock-
GX*S of clcC-
tions for the man, Richard Grimsley, John M c Rea, Alsey Harriss, Thomas Harvey, Hartwell Tarver,
Earlv^ ° Thomas Carter and Isaac Ledbetter : for the county of Irwin, John Lutton, junr., John
For the coun- Lutton, senr., Joshua Calloway, "Willis King, Samuel Boyd, Ludd Mobley, David Wil-
ty of Irwin.
For th liams, Redding Hunter, Burrell Bailey and Greene Graham : and for the county of
ty of Appling-. Appling, John Johnston, William Tomlinson, Frederick Carson, Philemon Bryant,
Joseph Dayal, Eli Bassett, John Austin, Joseph Jenkins, Jesse Measles and Richard
Walker.
Justices of the Sect. 2. And be it further enacted, That the justices of the Inferior Courts of the
inferior ; ... .
Courts of said counties aforesaid, when commissioned as aforesaid, are hereby appointed commissioners
counties made r , , ,...„,. . . ., ., .
commission- °* the court-houses and jails ot their respective counties ; and they are hereby vested
court h with full power and authority to fix on the site for the public buildings in their said
and jails counties, which shall be as near the centre thereof as convenience will admit, at which
thereof.
Their powers pl aces the courts and general elections shall be held as soon as suitable buildings are
as such. erected ; and they, or a majority of them, are hereby authorized to purchase as much
Proviso. land as they may deem sufficient to erect said buildings : Provided nevertheless, they
shall not purchase more than one lot for the use of any one county; and they are hereby
authorized to lay off any portion of said land, purchased as aforesaid, in town lots, and
For the boundary lines, &c. of these counties, see title " Lands," act of 1818, No. 318=
COUNTIES, COURT-HOUSES, AND JAILS. 1819. 237
dispose of the same for the use of the county, and to contract with any person or persons (No. 1.67. )
for building a court-house and jail in the aforesaid counties.
Sect. 3. And be it further enacted. That as soon as the justices of the Inferior Courts Elections for
e • t i it cc -1- i' ' i • • • justices of the
of the counties aforesaid shall lay off the military districts in their respective counties, peace regulat
agreeable to the provisions of this act, they, or any two of them, shall advertise and
superintend an election in each captain's district, for two justices of the peace in each
captain's district, giving fifteen days notice thereof, who shall be commissioned by the
Governor, and remain in office until the next general election for justices of the peace
throughout this state, unless their offices shall sooner become vacant by the laws of this
state.
Sect. 4. And be it further enacted, That the justices of the Inferior Courts of the Elections for
. . . r . ...... . clerks, she-
counties aforesaid, or a majority of them, are hereby authorized and required to adver- riffs, and other
tise at least fifteen days, at three or more public places in the county, and hold elections cerTre °ulat-
in the counties aforesaid respectively, for clerks of the Superior and Inferior Courts, ed *
sheriffs, coroners, tax collectors, receivers of returns of taxable property, and county-
surveyors, which said elections shall be held at the places herein after named, until the
commissioners aforesaid fix permanently on the site of the public buildings respectively.
Sect. 5. And be it further enacted, Until suitable court-houses are erected, the Supe- Temporary
rior and Inferior Courts for the county of Early shall be held at Richard Grimsley's, holding-
in the 28th district ; in the county of Irwin, at David Williams's ; and in the county of
Appling, at John Johnston's.
Sect. 6. And be it further enacted, That it shall be the duty of his excellency the Go- The Governor
vernor to commission all officers, civil and military, in the counties aforesaid, who may commission all
hereafter be elected, agreeable to the provisions of this act. afteTelected"
Sect. 7. And be it further enacted, That as soon as the justices of the Inferior Grand and
t^ • • r • i * • • i i fr i petit jurors,
Courts in the counties aforesaid are commissioned and qualified, they shall proceed to how selected.,
select grand and petit jurors for said counties respectively, agreeable to the laws now in
force in this state, regulating the drawing of jurors.
Sect. 8. And be it further enacted, That the justices of the Inferior Courts of the Said counties
counties aforesaid, shall have full power and authority to lay off the said counties re- i„t captains'
spectively, into as many captains' districts as they, in their discretion, may think proper; 1S nc s "
and whenever said districts shall be so laid off and defined, and the justices of the Elections for
ill • ..'-',. • i n i captains and
peace are elected and commissioned, agreeably to the provisions of this act, it shall be su baltern offi-
the duty of said justices of the peace so as aforesaid elected and commissioned in their " rs re ^ u A
*
238
COUNTIES, COURT-HOUSES, AND JAILS. 1819.
(No. 167.) respective districts, to advertise the elections of captains and subaltern officers, as re-
quired by the militia laws in force in this state ; and the said elections to be superin-
tended and certified agreeable to the provisions of said laws.
Elections for
field officers
regulated.
Sect. 9. And be it further enacted, That whenever the officers in each captain's dis-
trict in said counties are elected and commissioned agreeable to the provisions of this
act, it shall be the duty of the justices of the Inferior Courts of the counties aforesaid
to advertise the elections of the field officers of each county, giving twenty days notice,
and it shall be the duty of the justices of the peace, or any two of them, in said coun-
ties, to superintend said elections, and certify the same as required by the militia laws
in force in this state.
Militia of said Sect. 10. And be it further enacted, That whenever the militia of the aforesaid
tached to the counties are organized agreeable to the provisions of this act, they shall be attached to
th Stfuft 6 *- *^ e ^k division, and the second brigade of said division.
sion.
Assented to, 21st December, 1819.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
JOHN CLARK, Governor.
COUNTIES, COURT-HOUSES, AND JAILS. 1819.
239
AN ACT
(No. 168.)
More effectually to define the line dividing the counties of Franklin and Haber-
sham, from Tugalo river to Tate's bridge on Broad river.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act, that part of the line which divides the
counties of Franklin and Habersham, from Tugalo river to Tate's bridge on Broad ri-
ver, shall begin on Tugalo river at the mouth of Walton's creek, and run a direct line
.to the bridge above named, which line shall be run under the superintendance of two
justices of the peace, one from each county, in the adjoining districts, by a fit and pro-
per person whom they may appoint, who shall run and plainly mark the same; and the
expense for running said line shall be equally discharged out of the county funds, by
the commissioners certifying that the person so appointed has run and marked the line
as above contemplated.
The dividing
line between
the counties
of Franklin
and Haber-
sham defined.
The running
thereof pro-
vided for,
• Sect. 2. And be it further enacted, That this law shall repeal all laws or parts of laws Repealing
militating against the same, any law to the contrary notwithstanding.
Assented to, 21st December, 1819.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
JOHN CLARK, Governor.
240
COUNTIES, COURT-HOUSES, AND JAILS. 1819.
(No. 169.)
AN ACT
To add a part of Elbert and Franklin counties to the county of Madison,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
A part of El- from and immediately after the passing of this act, all that part of Elbert and Franklin
Franklin coun- counties which would be included by a line commencing on the north bank of the North
Maffisoifcoun- Broad river, at the upper end of the Scull Shoal on said river, and running a straight
f . y - line to the dividing ridge between the two first forks of Shoal creek, so as to leave
James Dudley's and David Staple's plantations or places of residence in the county of
Elbert ; thence up said dividing ridge to Elias Hendrick's, so as to include said Hen-
drick's plantation ; thence a straight line to William Brown's old place, at the cross
roads on the Franklin county line ; thence to the mouth of Hudson's fork of said North
Broad river ; thence down said North Broad river, including William Redwine's plan-
tation, to the place of beginning, shall be added to, and become a part of the county of
Madison.
County sur- Sect. 2. And be it further enacted, That the county surveyor of the county of Madi-
Madison re- son ^ e > an d ne is hereby directed and required to run and plainly mark the lines herein
quired to run contemplated, and that the said surveyor be paid for such service out of the county funds
the necessary r 7 j r j
lines. of Madison, by the Inferior Court, a reasonable compensation.
Assemed to, 21st December, 1819.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
JOHN CLARK, Governor.
COUNTIES, COURT-HOUSES, AND JAILS. 1819. 241
AN ACT (No. 170.)
To organize the county of Rabun.*
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia in General Assembly met, and it is hereby enacted by the authority of the same,
That it shall be the duty of any three or more of the commissioners herein after named, Election of
not being themselves candidates in the county aforesaid, to advertise and superintend an inferior Court
election for five justices of the Inferior Court for the county aforesaid, giving at least °£ Rabun "^
fifteen days notice where said election shall be held, at the place pointed out by this act regulated.
for holding the Superior and Inferior Courts in said county, until a permanent place is
fixed ; and the said commissioners shall certify, from under their hands, to his excellency
the Governor, the five persons having the highest number of votes, who shall be commis-
sioned by the Governor, and hold their offices until the next general election for justices
of the Inferior Courts throughout this state, unless their offices shall sooner become
vacant by the laws of this state ; and that the following persons be, and they are hereby Commission-
appointed commissioners for superintending said elections in the county aforesaid, viz. to superintend
Cleveland Coffee, Joseph Jones, Chesly M c Kinsey, Willis Gilly, Ralph Cobb, James said election.
Jones, William Jones, Shadrick Morriss and John White.
Sect. 2. And be it further enacted, That the justices of the Inferior Court of the county justices of the
aforesaid, when commissioned as aforesaid, are hereby appointed commissioners of the of sa j d county
court-house and jail of said county, and they are hereby vested with full power and ™ ade co ™ mis -
° j l j j r sioners of the
authority to fix on the site for the public buildings in said county, which shall be as near court-house
the centre thereof as conveniency will admit, at which place the courts and general elec- Their lowers
tions shall be held, as soon as suitable buildings are erected; and they, or a majority of as sucn *
them, are hereby authorized to purchase as much land as they may deem sufficient to
erect said buildings : Provided nevertheless, they shall not purchase more than one lot for Proviso,
the use of said county ; and they are hereby authorized to lay off any portion of said
land, purchased as aforesaid, into town lots, reserving a sufficient square for a court-house
and jail in said county, and dispose of the same for the use of the county, and to con-
tract with any person t>r persons for building a court-house and jail in the aforesaid
county.
Sect. 3. And be it further enacted, That as soon as the justices of the Inferior Court Elections for
of the county aforesaid shall lay off the military districts in the aforesaid county, agreea- peace 3 rege-
lated.
t See title « Lands," act of 1819, No. 322, by which this county is laid out.
I i
242
COUNTIES, COURT-HOUSES, AND JAILS. 1819.
(No. 170.) ble to the provisions of this act, they, or any two of them, shall advertise and superintend
an election, in each captain's district, for two justices of the peace in each captain's dis-
trict, giving fifteen days notice thereof, who shall be commissioned by the Governor
and remain in office until the next general election for justices of the peace throughout
this state, unless their offices shall sooner become vacant by the laws of this state.
Election for
clerks,
sheriffs, and
other county
officers, regu-
lated.
Sect. 4. And be it further enacted, That the justices of the Inferior Cqurt of the
county aforesaid, or a majority of them, are hereby authorized and required to advertise
at least fifteen days, at three or more public places in the county, and hold elections in
the county aforesaid for clerks of the Superior and Inferior courts, sheriff, coroner tax
collector, receiver of tax returns and county surveyor, which said elections shall be held
at the place herein after named, until the commissioners fix permanently on a site for
the public buildings aforesaid.
Temporary Sect. 5. And be it further enacted, That until a suitable court-house is erected the
Im^courts and Superior and Inferior Courts, and elections for the county aforesaid, shall be held at the
house where Daniel Love now lives.
elections
Governor re- Sect. 6. And be it further enacted, That it shall be the duty of his excellency the Go-
commission all vernor to commission all officers, civil and military, in the county aforesaid, who may be
officers here- nerea f ter elected agreeable to the provisions of this act.
&c.
Grand and Sect. 7. And be it further enacted, That as soon as the justices of the Inferior Court
how selected, hi the county aforesaid are commissioned and qualified, that they shall proceed to select
grand and petit jurors for said county, agreeable to the laws now in force in this state
regulating the drawing of jurors.
Said county to
be divided
into captains'
districts.
Elections for
captains and
subaltern offi-
cers regulated
Sect. 8. And be it further enacted, That the justices of the Inferior Court of the
county aforesaid shall have full power and authority to lay off the county into as many
captain's districts as they in their discretion may think proper : and whenever said dis-
tricts shall be so laid off and defined, and the justices of the peace are elected and com-
missioned agreeable to the provisions of this act, it shall be the duty of said justices of
the peace, so as aforesaid elected and commissioned in their respective districts, to ad-
vertise the elections of captains and subaltern officers as required by the militia laws in
force in this state, and the said elections to be superintended and certified agreeable to
the provisions of said militia laws.
Election of Sect. 9. And be it further enacted, That whenever the officers in each captain's
re^lt d erS district in said county are elected and commissioned, agreeable to the provisions of this
act, it shall be the duty of the justices of the Inferior Court of the county aforesaid to
COUNTIES, COURT-HOUSES, AND JAILS. 1819. 243
advertise the election for the field officers of said county, giving twenty days notice (No. 17"0.)
thereof, and it shall be the duty of the justices of the peace, or any two of them in said
county, to superintend said elections, and certify the same as required by the militia
laws of this state.
Assented to, 21st December, 1819,
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
JOHN CLARK, Governor,
I i 2
[ 244 ]
DEBT, OUTSTANDING EVIDENCES OF
AN ACT
For the relief of Benjamin Scott, a soldier in the late state troop.
Sect. 1. BE it enacted by the Senate and House of Representatives' of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Comptroller That it shall and may be lawful for the comptroller general to issue, in the name of
general autho- . .
rized to issue Benjamin Scott, a state troop bounty warrant for six hundred and forty acres of land,
bounty war- ^ or n *s services as a private in the late state troops, agreeable to an act for the calling
rant in the m tne outstanding evidences of debts due from this state, and for issuing new ones in
<name of Ben- ° . " -.
jamin Scott. lieu thereof, under proper checks and restrictions, passed the second day of February,
one thousand seven hundred and ninety-eight.
l .
The assignees Sect. 2. And be it further enacted, That the assignees of Benjamin Scott be author-
authorized to * ze d to receive the same, on giving good and sufficient security to his excellency the
receive it, on Governor to indemnify the state against the lost certificate. '
giving secun- *
ty, &c.
Repealing Sect. 3. And be it further enacted, That so much of an act, further explaining and
defining the powers of th$ comptroller general, as militates against this act, be, and the
same is hereby repealed.
ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of. the Senate,
Assented to, 16th December, 1811.
D. B. MITCHELL, Governor.
DEBT, OUTSTANDING EVIDENCES OF. 1811. 2 45
AN ACT (No. 172.)
To amend an act, entitled An act to appropriate the funds heretofore set apart
for the redemption of the public debt, passed the second day of December, one
thousand eight hundred and eight.
WHEREAS, by the second section of the aforesaid act, passed the second day of Preamble.
December, eighteen hundred and eight, the sum of fifty-five thousand dollars of the
money arising from payments on the bonds for fractional surveys, which were created
out of the late cession of land obtained from the Creek Nation by the United States,
in a treaty concluded at the city of Washington, the fourteenth of November, eighteen
hundred and five, should be set apart and appropriated annually and every year, for
the redemption of the outstanding evidences of the debt of this state, and that his ex-
cellency the Governor for the time being should draw in favour of such evidences of
debt, reduced in manner as is in said act directed : Provided, such sum should be an-
nually received at the treasury on account of such fractional bonds : And whereas, it
appears that such sum in money is not annually received at the treasury, and the ob-
jects of said law are thereby defeated :
BE it therefore enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is enacted by the authority of the same, That Tne governor
.... authorized to
his excellency the Governor for the time being shall be, and is hereby authorized to issue to the
issue to the holder or holders of certificates of any of the denominations mentioned in tam pu bii c
the before recitecTact, reduced as is therein directed, a warrant on the treasurv for the Gertincates
7 7 •> warrants on
amount of his, her or their claim, payable out of any money arising from payments the treasury,
made to the treasury for the aforesaid fractional surveys, without any regard to the any money
amount which may be in the treasury on account of that fund: Provided, the same fractional sur-
amounts to the claim in whose favour he may draw. veys '
Proviso.
ROBERT IVERSON,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate,
Assented to, 10th December, 1811.
D. B. MITCHELL, Governor.
246 DEBT, OUTSTANDING EVIDENCES OF. 1811.
(No. 173.) AN ACT
For the relief of Bozeman Mare, a state troop soldier,
BE it enacted by the Senate and House of Representatives of the state of Georgia, in
Comptroller General Assembly met, That it shall and may be lawful for the comptroller general to
rized to issue, issue, in the name of Bozeman Adare, a state troop bounty warrant for six hundred
in the name an( j f ort y acres f land, for his services as a private soldier in the late state troops,
Adare, a boun- agreeable to an act for the calling in the outstanding evidence of debt due from this
ty warrant. . . > .
state, and for issuing new ones in lieu thereof, under proper checks and restrictions,
passed the second day of February, one thousand seven hundred and ninety-eight, any
law to the contrary notwithstanding.
ROBERT IVERSON,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate,
Assented to, 13th December, 1811,.
D. B. MITCHELL, Governor*
DEBT, OUTSTANDING EVIDENCES OF. 1812. 247
AN ACT (No. 174.)
To renew a certain bounty warrant therein named.
WHEREAS, Samuel Hester has petitioned this legislature to renew a certain bounty Preamble;
warrant in the name of Aaron Gust, and the same appearing reasonable and just:
BE it enacted by the Senate and House of Representatives of the state of Georgia, Comptroller
in General Assembly met, That the comptroller general be, and he is hereby required to fhorizedto
take in the outstanding evidence of the claim of the said Aaron Gust, and issue a new * ssue a new
° 7 bounty war-
one in lieu thereof: Provided, the said Samuel Hester shall give bond and security to rant in the
name of
his excellency the Governor that the said bounty warrant is genuine, and indemnify the Aaron Gust, in
state against any future claim on account thereof.
one.
Proviso,
Assented to, 10th December, 1812.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate,
D, B, MITCHELL, Governor,
[ 248 ]
DEBTORS, INSOLVENT
AN ACT
To prevent assignments or transfers of property to a portion of creditors, to the
exclusion and injury of the other creditors, of persons who may fail in trade, or
who are indebted at the time of such assignment or transfer.
Preamble. WHEREAS, a practice of selecting particular creditors, by assignments and transfers
of property, made by persons indebted, and thereby excluding or defrauding other bona
fide creditors of their just claims on the estate of insolvent debtors, is contrary to the
first principles of equity and justice ; to prevent the mischief whereof,
BE it enacted by the Senate and House of Representatives of the state of Georgia,
Conveyances, in General Assembly met, and it is hereby enacted by the authority of the same, That
&c. in trust by . . - -
insolvent any person or persons unable to pay his, her or their debts, who shall at any time here-
which any after make any assignment or transfer of real or personal property, stock in trade, debts,
creditor is ex- <jues or demands, in trust to anv person or persons, in satisfaction or payment of any
eluded from an 7 j r r r j j
equal partici- debt or demand, or in part thereof, for the use and benefit of his, her or their creditor
pation in the A .
estate convey- or creditors, or for the use and benefit of any other person or persons, by which any
null and void, creditor or creditors of the said debtor shall or may be excluded from an equal share or
portion of the estate so assigned or transferred, such assignment, transfer, deed or con-
veyance shall be null and void, and considered in law and equity as fraudulent against
Proviso, creditors : Provided nevertheless, that nothing contained in this act shall prevent any
person or persons in debt from bona fide and absolutely selling and disposing of any part
or the whole of his, her or their estate, so the same be free from any trust for the benefit
of the seller, or any person or persons appointed by him, her or them.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate.
Assented to, 19th December, 1818.
WILLIAM RABUN, Governor.
DEBTORS, INSOLVENT. 1818. 049
AN ACT (No. ire.)
To alter and amend an act, entitled An act to authorize justices of the Inferior
Courts of this state to discharge Insolvent Debtors, confined by process, from any
court of this state, passed \%th December, 1809, so far as relates to the county of
Chatham. .
WHEREAS, the benevolent intention of legislatures are frequently prevented from Preamble.
being carried into effect, in consequence of the absence of several of the justices of the
Inferior Court in the county of Chatham, at different periods ; for remedy whereof,
Sect. 1. BE it enacted by the Senate and <IFouse of Representatives of the state of
Georgia,- in General Assembly met, and it is hereby enacted, That immediately from One or more
and after the passage of this act, that in all cases between the first of June and the first inferior Court
of November, where application is made for the benefit of the insolvent act of this state, ° f cl ; atnam
it shall be, and is hereby declared to be, lawful for one or more of the justices of the admit a PP li_
. ' . ■ i ■ cants to take
Inferior Court in the county of Chatham, to admit said applicant to take the benefit of the benefit of
said act, unless on a suggestion of fraud ; then, and in that case, he shall remand said acts, between
applicant to prison, and draw a jury to try the same, agreeable to the laws now in force and ^st^No*
in this state on that subject. vember, un-
less there be
- . a suggestion
• Sect. 2. And be it further enacted, That all laws militating against the provisions of Repealing
this act, so far as relates to the county of Chatham, be, and the same are hereby repealed. clause -
BENJAMIN WILLIAMS,
Speaker of the House of Representatives ,
MATTHEW TALBOT,
. President of the Senate,
Assented to, 19th December, 1818.
WILLIAM RABUN, Governor,
Kk
[ 250 ]
DIGEST OF THE LAWS,
AN ACT
Prescribing the form of a Digest or Manual of the laios of Georgia.
A digest of
the general
laws of the
state author-
ized.
An appendix
to be annexed,
containing the
constitution of
the U. States,
and of the
state, the sta-
tute of frauds,
&c.
A pex*son to
be appointed
who shall ar-
range said di-
gest, which
shall be re-
poi-ted to the
Governor, &c.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is. hereby enacted by the authority of the same,
That during the year eighteen hundred and twenty, a digest of the laws of this state
shall be formed and arranged, which shall include all acts and resolutions of the legisla-
ture heretofore passed, and which may be passed during the present session, which are
public and general, and excluding such as are private or local, arid also such as have been
repealed.
Sect. 2. And be it further \enacted, That to said digest shall be added an appendix,
which shall contain the constitution of the United States and of the state of Georgia
as amended, the statute of frauds and perjuries, passed in the twenty-ninth year of the
reign of Charles the, second} also all acts relating to writs of habeas corpus.
.Sect. 3. And be it further enacted by the authority aforesaid, That the legislature
shall, by joint ballot, appoint some fit and proper person to form and arrange a digest
in pursuance of this act, who shall report the same to his excellency the Governor,
who, after the same has been examined by a committee appointed for that purpose,
shall approve or disapprove the isame : and when the work shall be so performed, and
approved by the Governor, he shall pay out of the contingent fund, to the person ap-
pointed as aforesaid, a sum which he may deem an adequate compensation for the
work .
DIGEST. 1819.
251
tion of the legislature.
Sect. 4. And be it further enacted, That three fit and proper persons shall be ap- (No. 177.)
nointed bv the Governor to examine said work, and on their favourable report he shall A committee
r J r to be appomt-
be authorized to contract for the printing of three thousand copies in convenient bound ed by the Go-
,- _ vernor to ex-
volumes, a part to be distributed pursuant to an act ol the legislature, passed 12th of amine it.
December, eighteen hundred and nine, and the remainder reserved for future disposi- J h t f ( f r J nt u" ff
tion thereof
provided for.
DAVID ADAMS,
Speaker of the*House of Representatives
MATTHEW TALBOT,
President of the Senate,
JOHN CLARK, Governor.
Assented to, 21st December, 1819.
K k-2
C 252 ]
DIVORCES.
AN ACT
To divorce Levi Bright and Sarah his ivife.
Sect. 1. BE it enacted by. the Senate and House of Representatives of the state of Geor-
Leyi Bright - a j n Ge?ie'ral Assembly met. and by the authority of the same. That from and inl-
and Sarah his & ■ ' . , . ■
wife divorced, mediately after the passing of this act the matrimonial connection, or civil contract of
marriage, made between Levi Bright and Sarah his wife, late Sarah Smith, shall be
completely annulled, set aside and dissolved, as fully and effectually as if no such con-
tract had ever heretofore been made and entered into between them.
The civil con- Sect. 2. And be it further enacted by the authority aforesaid, That the said Levi
ec j e Bright and Sarah his wife, late Sarah Smith, shall in future be held as separate and
distinct persons, altogether unconnected by any mystical union or civil contract what-
soever, at any time heretofore made or entered into between them.
ROBERT IVERSON,
Speaker of the House of Representatives.
Assented to, 3d December, 1811,
MATTHEW TALBOT,
President of the Senate,
D. B. MITCHELL, Governor,
DIVORCES. 1811. 25;
AN ACT (No. 179.)
To divorce John Strark and Nancy his wife.
Sect. 1. BE it enacted by .the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same. That from and im- John Strark
r ', . . . . ., . ' r an d n i s w tf e
mediately after the passing of this act the matrimonial connection, Or civil contract or Nancy divorc-
marriage, made between John Strark and Nancy his wife, late Nancy Fitzpatrick, shall
be completely annulled, set aside and dissolved, as fully and effectually as if no such
contract had ever heretofore been made and entered ,into between them.
, -Sect. 2. And be it further enacted by the authority aforesaid. That the said John Shall be held
J ■ J j j 7 as separate
Strark and Nancy his wife, late Nancy Fitzpatrick, shall, in future be held as separate and distinct
..... , , . , , .... . .. - persons^ &c.
and distinct persons, altogether unconnected by any mystical union or civil contract
whatsoever, at any time heretofore made or entered into between them.
ROBERT IVERSON,
- Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 4th December, 1811.
D. B. MITCHELL, Governor.
AN ACT' (No. 180.)
t
To divorce and separate Nathaniel Harper and 'Mary his wife.
Sect. 1. BE it enacted by the Senate and House of Representatives, in General
Assembly met, and by the, authority of the same, That from and immediately after the Nathaniel
passing of this act the matrimonial connection, or civil contract-of marriage, made Mary his wife
between Nathaniel Harper and Mary his wife, late Mary Hubert, shall be completely dlvorced -
annulled, set aside and dissolved, as fully and effectually as if no such contract had
ever heretofore been made and entered into between them,
254
DIVORCES. •1811.
(No. 180.) Sect. 2. And be it further enacted by the authority aforesaid, That the said Na-
Shall be held thaniel Harper and Mary his wife, late Mary Hubert, shall in future be held as sepa-
and distinct rate and distinct persons, altogether unconnected by any mystical union or civil con-
persons.
tract of marriage whatsoever, at any time heretofore made or entered into between
them.
ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 13th December, 1811.
D. B. MITCHELL, Governor.
(No. 181.)
AN ACT
To divorce and separate John /F. Patterson and Sarah his wife.
Sect. 1. BE it enacted by the Senate and House of Representatives, in General
Assembly met, and by the authority of the same, That from and immediately after the
John T. Pat- passing of this act the matrimonial connection, or civil contract of marriage, made be-
i"PT*son 3.H fi nis
wife Sarah di- tween John T. Patterson and Sarah his wife, shall be completely annulled, set aside
and dissolved, as fully and effectually as if no such contract had ever heretofore been
made and entered into between them.
Shall be held Sect. 2. And be it further enacted by the authority aforesaid, That the said John T.
as separate ^ . . ;". r ."'.'•■'■•
and distinct Jratterson and Sarah his wile, shall in future be held as separate and distinct persons,
altogether unconnected by any mystical union or civil contract whatsoever, at any time
heretofore made or entered into between them.
Assented to, 13th December, 1811.
ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
D. B. MITCHELL, Governor,
DIVORCES. 1811.
255
AN ACT
(No. 182.)
To divorce and separate John Powell and Rachel his wife, formerly Rachel
Keener.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Georr
gia, in General "Assembly met, and by the authority of the same, That from and after John Powell
the passing of this act, that the matrimonial connection, or civil contract of marriage, wife divorced
made between John Powell and Rachel his wife, formerly Rachel Keener, shall be com-
pletely annulled, set aside arid dissolved, as fully and effectually, to all intents and pur-
poses, as if no such contract had ever heretofore been made and entered into between
them.
Sect. 2. And be it further enacted, That all property, real and personal, not by him or The property
her sold or otherwise disposed of, which the said John Powell received with or acquir- Powell receiv-
ed by, or in virtue of his union or marriage with the said Rachel, or which may here- vested ilT
after descend to her, or which she may acquire by her own industry, is hereby declared &c -
to be completely, fully and absolutely, to all legal intents, vested in and confirmed unto
her the said Rachel, her heirs and assigns for ever : Provided, that nothing herein con- Proviso,
tained shall be so construed as to exonerate the said property from the payment of all
debts contracted by the said John, prior to the passing of this act.
Sect. 3. And be it further enacted, That the said John Powell and Rachel in-iuture Said Powell
shall be deemed and considered as distinct and separate persons, altogether unconnected deemed sepa-
by any mystical union or civil contract whatever, at any time made or heretofore enter- tmct persons
ed into between them.
ROBERT I VERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate
Assented to, 16th December, 1811.
D. B. MITCHELL, Governor
*'
256
DIVORCES. 1814.
(No. 183.)
AN ACT
To divorce and separate John Womack and Mary his wife.
John Wo*
mack andMary
his wife di-
vorced.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the passage of this act the matrimonial connection, or
civil contract of marriage, made between the said John Womack and Mary his wife,
formerly Mary Hudson, shall be completely annulled, set aside and absolved, as fully
and effectually, to all intents and purposes, as if no such contract had ever been made
between them.
Shallbedeem- Sect. 2. And be it further enacted, That the said John Womack and Mary shall in
and dTstiinct future be deemed and considered as separate and distinct persons, altogether unconnect-
persons. ec j. by any mystical union or civil contract whatever, at any time made or heretofore
entered into between them.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate.
Assented to, 16th November,* 1814.
PETER EARLY, Goyernor,
DIVORCES. 1814. 257
AN ACT (No. 184.)
To divorce Alexander Fluellen and Kizziah his wife.
WHEREAS, the aforesaid Alexander Fluellen, according to an act of the General Preamble,
Assembly, passed on the fifth day of December, eighteen hundred and six, commenced
an action in the Superior Court of Putnam county, against his said wife Kizziah, for a
divorce ; and whereas, at March term, eighteen hundred and twelve, or" said court, the
said cause was tried by a special jury, who rendered into court a verdict for an abso-
lute divorce :
Sect. 1. BE it therefore'enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That from and after the passing of this act, the matrimonial connection and civil Alexander
contract of matrimony, made between the aforesaid Alexander Fluellen and Kizziah his his wife Kiz-
wife, late Kizziah Peoples, shall be completely annulled and set aside, and dissolved, as z divorced,
fully and effectually as if no such contract had been made and entered into between
them.
Sect. 2. And be it further enacted, That the said Kizziah Fluellen, late Kizziah The said Kiz-
Peoples, is hereby declared to be a feme sole, and the said Alexander Fluellen shall not "feme sole!
in future be bound, on any pretence whatever, for the payment of any debts, dues, or Said Alexan-
demands of the said Kizziah, on or for her contracting, or Avith any actions of or for f or i ier con .
damages, for or by reason of any tort, trespass or damages whatever, hereafter to be tracts > &c.
committed by the aforesaid Kizziah Fluellen, late Kizziah Peoples.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
JARED IRWIN,
President of the Senate, pro tern.,
Assented to, 22d November, 1814.
PETER EARLY, Governor.
LI
258
DIVORCES. 1814.
(No. 185.)
AN ACT
To divorce Elizabeth O'Reily and John O'Reily her husband, and to secure cer-
tain property to the said Elizabeth, her heirs and assigns, and to divorce Rachel
Jones and Robert Jones her husband.
Preamble. WHEREAS, it appears, by an exemplification of a record from the honourable the
Superior Court of the county of Richmond, that sufficient reasons were offered before
a special jury of that county to induce them to find a verdict for a total divorce between
Elizabeth O'Reily and her husband John O'Reily ; and whereas, the said Elizabeth
hath, by her humble petition, prayed that the said verdict may be confirmed by an act
of the General Assembly of this state, and that certain property which she has acquired
by her honest industry may be secured to her and her heirs :
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is. hereby enacted by the authority of the same,
John O'Reily That from and immediately after the passing of this act, the matrimonial connection
and his wife .
Elizabeth di- existing between Elizabeth O'Reily of the city of Augusta, and John O'Reily her hus-
band, be thenceforth dissolved as fully, completely and entirely, to all intents and pur-
poses, so far as respects the said Elizabeth, as if the same had never been entered into,
and the said Elizabeth shall thenceforth be considered as a feme sole.
Certain pro-
perty vested
in said Eliza-
beth.
Proviso.
Sect. 2. And be it further enacted by the authority aforesaid, That all the pro-
perty, real and personal, which the said Elizabeth O'Reily hath acquired since the se-
paration of her said husband from her, particularly a house and lot on Broad street, in
the city of Augusta, adjoining John Mann, Esq. and the heirs of Baxter Pool, de-
ceased, and nine negroes, namely, Ben, Friday, Nann, Bett, Let, Jenny, Maria, Fan
and her child Bet, be, and the same is hereby declared to be, vested in the said Eliza-
beth O'Reily, her heirs and assigns, free and clear from all claim or claims of her said
husband John O'Reily : Provided nevertheless, That nothing herein contained shall
operate to defeat, or in the slightest manner to impair the claim of any other person or
persons to the property herein before mentioned.
Preamble to
sec. 3d.
And whereas, it appears, by an exemplification from the record of the Superior Court
of the county of Columbia, that sufficient cause was shown to a special jury of thatr
DIVORCES. 1814. 259
county, to induce them to authorize a total divorce, on legal principles, in a case then (No. 185.)
and there submitted to them, in which Rachel Jones was plaintiff and Robert Jones
defendant, in a libel for divorce ; and whereas, it is the sincere and earnest request of
said Rachel Jones, as expressed by frequent petitions to the legislature, that the said
judgment be carried into effect, and confirmed by the legislature :
Sect. 3. Be it therefore further enacted by the authority aforesaid, That from and im- Robert Jones
• • ■ i th anc * Racne l
mediately after the passing of this act, the matrimonial connection between the said Ra- his wife di-
chel Jones and Robert Jones her husband, be thenceforth dissolved, as fully, completely
and entirely, to all intents and purposes, as respects the said Rachel, as if the same had
never been entered into, and the said Rachel shall thenceforth be considered as a feme
sole.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
JARED IRWIN,
President of the Senate, pro tern,
Assented to, 22d November, 1814.
PETER EARLY, Governor.
vorced,
AN ACT (No. 186.)
To divorce and separate John M. Jamison and Polly his wife,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the passing of this act, the matrimonial connection or John M. Ja-
civil contract of marriage made between John M. Jamison and Polly his wife, late p iiy his wife
Polly Grinage, shall be completely annulled, set aside and dissolved, as fully and effec- dlvorced °
tually as if no such contract had been heretofore made and entered into between them,
Sect. 2. And be it further enacted by the authority aforesaid, That the said John M. Shall be
deemed sepa-
Jamison and Polly Jamison, late Polly Grinage, shall in future be held as separate and rate and dis-
tinct persons.
LI 2
•'
260
DIVORCES. 1814, 1815.
(No. 186.) distinct persons, altogether unconnected by any mystical union or civil contract what-
soever, at any time heretofore made or entered into by them.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
JARED IRWIN,
President of the Senate, pro tern.
Assented to, 23d November, 1814.
PETER EARLY, Governor.
(No. 187.)
AN ACT
To divorce and separate Matthew Shearer and Rebecca his wife.
Matthew
Shearer and
his wife Re-
becca divorc-
ed.
BE it enacted by the Senate and House of Representatives, in General Assembly met 7
and it is hereby enacted by the authority of the same, That from and immediately
after the passing of this act, the matrimonial connection or civil contract of marriage
made between Matthew Shearer and Rebecca his wife, shall be completely annulled,
set aside and dissolved, as fully and effectually as if no such contract had ever here-
tofore been made and entered into between them.
Assented to, 16th December, 1815.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
D. B. MITCHELL, Governor.
DIVORCES. 1815. 261
* • AN ACT i (No. 188.)
To divorce Nancy Brown and Solomon Brown her husband, and Samuel Berry
and Nancy Berry his wife.
BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and by the authority of the same, That from and immediate- Certain per-
. . r \ • i • • i • • • i , T sons divorced,
ly after the passing or this act, the matrimonial connection existing between Nancy
Brown and Solomon Brown her husband, and Samuel Berry and Nancy Berry his wife,
be henceforth dissolved and set aside as fully, completely and entirely, to all intents
and purposes, as if the same had never been entered into between them.
BENJAMIN WHITAKER,
r Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate.
Assented to, 16th December, 1815.
D. B. MITCHELL, Governor.
AN ACT - (No. 189.)
To divorce Edmund Warren and Anna his wife.
BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That Edward War-
from and immediately after the passing of this act, the matrimonial connection or civil his wife di-
contract of marriage, made between Edmund Warren and Anna his wife, late Anna vorced '
Black, shall be completely annulled, set aside, and dissolved, as fully and effectually as
if no such contract had ever heretofore been made and entered into between them.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
■
WILLIAM RABUN,
President of the Senate,
Assented to, 16th December, 1815.
D. B. MITCHELL, Governor,
252 DIVORCES. 1816.
(No. 190.) AN ACT ■ "
To divorce and separate Nancy Jones and Thomas Jones her husband.
BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That
Nancy Jones from and immediately after the passing of this act, the matrimonial connection or civil
Jones divorc- contract of marriage, made between the said Nancy Jones and Thomas Jones her hus-
band, both formerly of the county of Wilkes, shall be completely annulled, set aside
and dissolved, as fully and effectually as if no such contract had ever been made or
entered into between them.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate.
Assented to, 26th November, 1816.
D. B. MITCHELL, Governor.
(No. 191.) AN ACT
To divorce certain persons therein named.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Certain per- That from and after the passing of this act, the civil contracts of matrimony made be-
tween Thomas Rodman and Ann his wife, William Chauvin and Ann his wife, Matthew
Wood and Mourning his wife, James H. Perdue and Catharine his wife, John Battle
and Sarah his wife, Thomas Mills and Sarah his wife, Lucy Cook and James Cook her
husband, Susannah Terry and David Terry her husband, John Douglass and Jane his
wife, Abihu Sewell and Sarah his wife, Polly Martin and Joseph John Martin her hus-
band, Polly Royston and John Royston her husband, Rebecca Brady and John Brady
her husband, Edmund Jeter and Lucy his wife, Walker Hickman and Martha his wife,
Lucy Howard and Martin Howard her husband, Patience Patterson and John D. Pat-
DIVORCES. 1816. 263
terson her husband, Matthew Drake Brizzel and Polly his wife, William Pinder and (No. 191.)
Rebecca Ann his wife, Clevis Andrews and Elizabeth his wife, and Benjamin Head and
Margaret his wife, shall, and are hereby declared to be as completely dissolved and an-
nulled, as if no such contracts had been made and entered into between any of the
aforesaid parties : Provided nevertheless, that nothing herein contained shall authorize, Proviso.
or be so construed as to authorize any or either of the offending persons named in this
act again to intermarry with any other person.
Sect. 2. And be it further enacted by the authority aforesaid. That all the property, Property of
. • the said seve-
real and personal, that was brought into the family of either of the aforesaid female ral women
, . r ,. , . r , . confirmed un-
parties at the time ol marriage, or did accrue m consequence of any such mtermar- t0 t hem.
riage, not already disposed of, shall, on the passage of this act, revert to and become
the property separately of each and every of the said several women herein contained.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 13th December, 1816.
D. B. MITCHELL, Governor.
AN ACT (No. 192.)
To divorce and separate Jeremiah Pittman and Delany Pittman his ivife.
WHEREAS, the ninth section of the third article of the constitution doth authorize Preamble.
divorces on legal principles ; and whereas, the said Jeremiah Pittman and Delany Pitt-
man his wife have had a fair trial in the Superior Court of Chatham county, and a ver-
dict given, authorizing an absolute divorce, in consequence of the improper conduct of
the said Delany Pittman :
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the passing of this act, the matrimonial connection and Jeremiah Pitt-
. ' man and his
civil contract of matrimony, made between the aforesaid Jeremiah Pittman and Delany w if e divorced,
Pittman his wife, shall be completely annulled, set aside and dissolved, as fully and
264
DIVORCES. 1816.
(No. 192.) effectually as if no such contract had been made and entered into between them: Pro-
vided nevertheless, that nothing herein contained shall be so construed as to authorize the
party or parties offending against or violating the marriage vow, to intermarry again
with any other person, during the natural life of the other.
Sect. 2. And be it further enacted by the authority aforesaid, That the said Jeremiah
Shall be
deemed sepa-
rate and dis- Pittman and Delany shall in future be deemed and considered as distinct and separate
persons, altogether unconnected by any mystical union or civil contract whatever, at any
time heretofore made or entered into between them.
Assented to, 18th December, 1816.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate,
D. B. MITCHELL, Governor.
(No. 193.)
AN ACT
To divorce and separate Nancy Thompson (formerly Nancy Clark) and Jesse
Thompson her husband.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
NancyThomp- That from and immediately after the passing of this act, the matrimonial connection or
son and Jesse . . c • nr«i
her husband civil contract of marriage made between Nancy Thompson (formerly Nancy Clark)
and Jesse Thompson her husband, shall be, and is completely annulled, set aside and
dissolved, as fully and effectually as if no such contract had ever been made and en-
tered into between them.
Shall be Sect. 2. And be it further enacted, That the said Nancy Thompson and Jesse Thomp-
rate and dis- son her husband, shall in future be held as separate and distinct persons, altogether
tinct persons.
DIVORCES. !||.
265
unconnected by any mystical union or civil contract whatsoever, at any time heretofore (No. 193.)
made or entered into by or between them.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives*
MATTHEW TALBOT,
President of the ■Senate
Assented to, 19th December, 1818.
WILLIAM RABUN, Governor.
AN ACT
(No. 194.)
To divorce and separate Tabitha D. Napier and Thomas JYapier her husband.
BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That Thomas Na-
trona and immediately after the passing of this act, the matrimonial connection, or civil w if e Tabitha
contract of marriage, made between the said Tabitha D. Napier and Thomas Napier her
husband, shall be completely annulled, set aside and dissolved, as fully and effectually
as if no such contract had ever heretofore been made and entered into between the
parties aforesaid : Provided, that nothing contained in this act shall be so construed as to Proviso,
repeal the third section of an act, entitled An act to amend an act to carry into effect the
ninth section of the third article of the constitution. ■■!
Assented to, 19th December, 1818.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
WILLIAM RABUN, Governor.
M m
266
DIVORCES. 1819.
o*?
(No. 195.)
AN ACT
Abner Glore
and his wife
Nancy di-
vorced.
To divorce and separate Abner Glore and Nancy Glore (formerly Nancy Swin-
ney) his toife,
BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That
from and after the passing of this act there shall be a divorce between Abner Glore and
Nancy Glore (formerly Nancy Swinney) his wife, according to the laws of this state
regulating divorces.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate*
Assented to, 13th December, 1819.
JOHN CLARK, Governor.
(No. 196.)
AN ACT
To divorce and separate William Whitfield and Jane Whitfield his wife.
William Whit-
field and Jane
his wife
divorced.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
from and immediately after the passing of this act the matrimonial contract entered into
by and between the said William Whitfield and Jane Whitfield his wife, shall be and is
hereby dissolved and set aside, in conformity to the constitution and laws of said state
governing divorces.
DAVID ADAMS,
Speaker of the House of Representatives
MATTHEW TALBOT,
President of the Senate
Assented to, 18th December, 1819.
JOHN CLARK, Governor
C 267 ]
ELECTIONS.
*
1811,
AN ACT
(No. 197.)
To regulate the future elections of members of Congress in this state.
Sect. 1. BE it enacted by the General Assembly of Georgia, That so soon as his excel- The Governor
lency the Governor shall obtain the law of Congress fixing the ratio of representatives announce by
to be elected for the national legislature, agreeably to the late census, it shall be his duty tlienumber'of
to issue his proclamation announcing the number of such representatives this state is congressional
x x representa-
entitled to. tives this state
is entitled to,
Sect. 2. And be it further enacted, That the next annual election for members of the
state legislature, and every two years thereafter till altered by law, the citizens of this
state shall be entitled to elect such a number of representatives to Congress as shall be
announced by the Governor's proclamation, agreeably to the foregoing section,
ROBERT IVERSON,
■ Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 10th December, 1811.
The number
so announced
shall be elect-
ed at the next
election for
members of
the state
legislature.,
&c.
D. B. MITCHELL, Governor.
* See title " Clerks, 8cc." act of 1811, No. 81, providing that sheriffs, clerks, county surveyors and coroners,
shall be elected on the first Monday in January biennially.
M m 2
•
■
268
ELECTIONS. 1813,
(No, 198.)
Constables au-
thorized to
open and at-
tend elections
when a sheriff
cannot be
©btained.
AN ACT
To authorize Constables to open and attend Elections in certain cases.
BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and by the authority aforesaid, That from and after the passing
of this act it shall be lawful for constables to open and attend all elections which may
be held in this state, in cases where a sheriff cannot be obtained to perform said duties.
BENJAMIN WHITAKER,
Speaker of the House of Representatives ,
WILLIAM RABUN,
President of the Senate,
Assented to, 3d December, 1813.
PETER EARLY, Governor.
(No. 199.)
lime and
place of hold-
ing elections
in Franklin
county for
state and con-
gressional re-
presentatives.
AN ACT*
To alter so much of an act, entitled Jin act to regulate the general elections in this
state, and appoint the time of the meeting of the General Assembly, so far as the
same requires all general elections to be held at the place of holding the Superior
Courts.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the elections for senator and representatives in the state legislature, and representa-
tives to Congress, so far as relates to the county of Franklin, be on the day prescribed
by the before recited act,~ and may be held at Carnesville, and at each of the battalion
muster-grounds in said county.
See the act following this,
#
■i iiHiii ^^*±*-.<*-~
ELECTIONS. 1816, 0/:n
269
Sect. 2. And be it further enacted by the authority aforesaid, That the general elec- (No. 199.")
tions as aforesaid, in the county of Jackson, shall be held at the several battalion mus- In Jackson
coin gipc1"i otiq
ter-grounds in said county,* shall be held
at the several
battalion mus-
Sect. 3. And be it further enacted, That all of said elections shall be on the day, and And^the '
opened and conducted in the same manner, as is prescribed by the before recited act day andin the
• rr ' manner P re -
and the place of the sheriff or deputy sheriff may be supplied by any lawful 'constable. scribed by the
recited act.
Sect. 4. And be it further enacted, That it shall be the duty of the magistrates, or at Duty of the
least some one of them who superintend each of the elections in each of the counties ^rihtend-
aforesaid, to meet at the court-house on the day thereafter, at or before 12 o'clock in in S s * ld
. J elections,
the morning, with the ballots taken in at the several elections authorized by this act,
sealed up in a box ; and it shall be the duty of said magistrates, when so assembled, or
any three of them, to open said seals and count out and compare said ballots, and certify
to his excellency the Governor the persons so elected, agreeable to the provisions of the
before recited act.
Sect. 5. And be it further enacted, That should any person vote, or attempt to vote, The offence
at more than one of the aforesaid places on the same day, he shall be subject to be in- nfore thai one
dieted for a misdemeanor, and on being convicted thereof, he shall be fined in a sum not place ? n ^
, 7 same day, how
less than one hundred dollars. punished.
Sect. 6. And be it further enacted, That so much of the before recited act, and all other Repealing-
laws repugnant to this act, be, and the same are hereby repealed. ClaUSC "
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate.
Assented to, 18th December, 1816, *
D. B. MITCHELL, Governor, L
* This section repealed by act of 1819, No. 202,
270
ELECTIONS. 1817.
'(No. 200.)
AN ACT
To alter and amend an act, entitled Jin act to alter so much of an act, entitled An
act to regulate the general elections in this state, and appoint the time of the meet-
ing of the General Assembly, so far as the same requires all general elections to
be held at the place of holding the Superior Courts.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Time and That the election* for senator and representatives in the state legislature, and represen-
ing elections tatives to Congress, so far as relates to the county of Jackson, be on the day prescribed
andVe^r^ 01 * ^y the before recited act, and may be held in Jefferson, and at each of the battalion
tatives to the muster-grounds in said county.
state legisla-
ture, and members of congress, in Jackson county.
Duty of the Sect. 2. And be it further enacted by the authority aforesaid, That the justices who
perintending superintend the elections aforesaid shall, and they are hereby authorized, on the day of
sai elections. e i ect i on5 to count out the ballots by them taken in at the several election grounds, and
make a fair statement of the polls, and one or more of the superintenders from each of
the election grounds shall meet in Jefferson, on the day thereafter, and compare and add
the several returns together, and certify to his excellency the Governor the persons so
elected, agreeable to the provisions of the before recited act.
Repealing
clause .
Sect. 3. And be it further enacted, That so much of the before recited act as militates
against this act be, and the same is hereby repealed.
Assented to, 27th November, 1817.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives
MATTHEW TALBOT,
President of the Senate.
WILLIAM RABUN, Governor.
• See act of 1819, No. 202, repealing thie,
inriin iiftifii
m
*,**,
ELECTIONS. 1817". 271
AN ACT* (No. 201 .)
To regulate the elections of the county of Glynn, to be held at hvo several places
in said county, and to impose a fine on any person ivho shall, on the same day,
vote at more than one of said places.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act, the elections in the county of Glynn for Elections in
representatives to Congress, members of the legislature, justices of the Inferior Court, s haii be held
sheriff, clerks of courts, commissioners of academies, coroner, and all other county elec- ^ nd ^ t U "^ e V1C '
tions, shall be held on the days set apart for the same, at the two following; places, viz : muste1 '-
J r ' b r ground of the
at the town of Brunswick, and at the muster-ground of the twenty-seventh company 27th company
district in said county, and shall be opened and conducted as accords with a law al- county.
ready providing for the same ; and the place of the sheriff, or his deputy, may be sup- The sheriff's
place may be
phed by a constable. supplied by a
constable.
Sect. 2. And be it further enacted, That it shall be the duty of one or more of the Duty of the
... i -i • J t« magistrates
magistrates presiding at each election, to meet at the court-house, on the day succeeding, presiding at
prior to the hour of three o'clock, P. M. with the ballots taken in at the several elec-
tions, enclosed in a sealed box, and it shall be the duty of any three or more of said
magistrates, when so assembled, to count out and compare said ballots, and proceed
to make the disposition already required by law.
Sect. 3. And be it further enacted, That if any person shall vote at more than one The offence of
voting at more
of said places on the same day, he shall forfeit for his misdemeanor the sum of one than one place
hundred dollars, to be recovered by information in any court having jurisdiction of the (W j 10w
same. punished.
Sect. 4. Be it further enacted, That two justices and two freeholders, or a ma- Who shall
jority of them, shall superintend said election; the justices, or one of them, shall ad- such elections.
minister the following oath to the two freeholders; I, A. B. do solemnly swear (or Oath of the
superintend-
affirm) that I will superintend said elections, and make a just and true return of the ing freehold-
same, to the best of my knowledge and ability ; so help me God.
Repealed by act of 1819, No. 203
272 ELECTIONS. 1817, 1819.
(No. 201.) Sect. 5. Be it further enacted, That all law or laws militating against the above
Repealing- b e anc | t k e same are hereby repealed,
clause. 7 .
w . BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 11th December, 1817. >, J
WILLIAM RABUN, Governor.
(No. 202.) AN ACT
To alter and amend an act, entitled An act to alter so much of an act, entitled
An act to regulate the general elections in this state, and to appoint the time of
the meeting of the General Assembly, so far as requires all general elections to
be held at the place of holding the Superior Courts, passed the 18th December.
1816 ; and to repeal An act to alter and amend an act, entitled An act to
alter so much of an act, entitled An act to regulate the general elections in this
state, and appoint the time of tJie meeting of the General Assembly, so far as
the same requires all general elections to be held at the place of holding the Su-
perior Courts, passed 21th November, 1817.
So much of BE it enacted by the -Senate and House of Representatives of the state of Georgia, in
actsTsre General Assembly met, and it is hereby enacted by the authority of the same, That so
quires the ge- mucn f t h e above recited acts as requires the general elections to be held at each of
neral elections
to be held at the battalion muster-grounds in the county of Jackson be, and the same are hereby
each of the
battalion mus- repealed.
ter-grounds
county DAVID ADAMS,
" e e • Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate
Assented to, 29th November, 1819.
JOHN CLARK, Governor
Hi
M*tm m
ELECTIONS. 1819. 27g
AN ACT (No. 203.)
To repeal an act to regulate the elections of the county of Glynn, to be held at
two several places in said county, and to impose a fine on any person who shall
on the same day vote at more than one of said places.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the above recited act regulating the elections of the county of Glynn, passed the The recited
eleventh day of December, eighteen hundred and seventeen, be, and the same is hereby
repealed.
Sect. 2. And be it further enacted, That the general law governing the general elec- Elections in
tions for this state is hereby declared to be in full force in said county of Glynn, any regulated by
law to the contrary notwithstanding. J^ ofthe
state.
DAVID ADAMS,
Speaker of the House of Representatives .
MATTHEW TALBOT,
President of the Senate.
Assented to, 18th December, 1819,
JOHN CLARK, Governor. '
N n
[ 274 ]
ENGINEER.
AN ACT
To create the office of Topographical and Civil Engineer in and for this state.
Preamble. WHEREAS, the legislature of this state hath frequently, since the revolution, passed
more or fewer laws, and made greater or smaller appropriations, for opening and im-
proving the navigation of our numerous rivers, without producing thereby, in any com-
mensurate degree, good or benefit to the citizens ; for remedy whereof,
Governor to
appoint a civil
and topogra-
phical engi-
His continu-
ance in office.
The legisla-
ture to elect
triennially an
engineer
aforesaid.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the^same,
That immediately after the passing of this act it shall be, and is hereby declared to be,
the duty of the Governor of this state, to proceed to select, appoint and commission
a fit and competent person for topographical and civil engineer of the state of Georgia,
which officer, upon his being so appointed, and on his acceptance of such appointment,
shall forthwith enter upon the discharge of his duties, and shall continue in office until
the tenth day of November, eighteen hundred and twenty; at which time the Senate
and Hous.e of Representatives shall proceed by joint ballot to elect a topographical and
civil engineer of the state of Georgia; and the person elected shall be commissioned by
the Governor, and hold his office for and during the term of three years, but may be
removed therefrom by the Governor, on the address of each branch of the General As-
sembly,
His salary to Sect. 2. And be it further enacted by the authority aforesaid, That the said topo-
!}6 established
fcy law, graphical and civil engineer shall have a competent salary, provided and established by
law, which said salary shall not be increased or diminished during the period for which
he shall have been appointed.
ENGINEER, TOPOGRAPHICAL AND CIVIL. 1819.
275
Sect. 3. And be it further enacted by the authority of the same, That the duties of (No. 204.)
the said topographical and civil engineer shall consist in surveying the rivers of this Dut . ies of sai(1 '
state and their important tributary streams ; in exploring the obstructions of the same ;
reporting the best plans for removing them ; suggesting the practicability and utility of
internal improvement ; in directing the application of such appropriations as the legis-
lature may from time to time make for the purpose of internal improvement, and shall
place under his direction ; in rendering an annual report to the General Assembly, at its
meeting in each year, of his transactions in his department ; and in such other duties as
are usually imposed upon such officers, and as may be imposed upon him from time to
time by law.
DAVID ADAMS,
Speaker of the House of Representatives
* MATTHEW TALBOT,
President of the Senate.
Assented to, 22d December, 1819.
JOHN CLARK, Governor
N n '2
[ 276 ]
escheats;
AN ACT
To explain and amend an act, entitled An act to regulate Escheats in this state,
and to appoint escheators, passed the 5th December, 1801.
Preamble. WHEREAS, the term heirs, in the said act contained, has been so construed as to
prevent children, born of the body of the same mother, from being capable of inherit-
ing or transmitting inheritance :
Sect. 1 . BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
The dlegiti- That where any woman shall die intestate, leaving children commonly called illegiti-
mate children J ? o j o
of any woman mate or natural, born out of wedlock, and no children born in lawful wedlock, all such
tate, and with- estate whereof she shall die seised or possessed of, whether real or personal, shall de-
ren born in scend to, and be equally divided among such illegitimate or natural born children, and
lawful wed- their representatives, in the same manner as if they had been born in wedlock; and if
JOCK j SilD.il 1H~
herit her es- any such illegitimate or natural born child shall die intestate, without leaving any child
tate.
The estate of or children, his or her estate, as well real as personal, shall descend to, and be equally
an illegitimate divided among his or her brothers and sisters, born of the body of the same mother,
child, dying ° J
intestate, how and their representatives, in the same manner, and under the same regulations and re-
distributable. . . . "
stnctions, as it they had been born in lawtul wedlock.
ESCHEATS. 1816. 277
Sect. 2. And be it further enacted. That all laws or parts of laws militating against (No. 205.)
this act be, and the same are hereby repealed. clause!"^
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 13th December, 1816.
D. B. MITCHELL, Governor.
AN ACT (No. 206.)
Prescribing the oaths to be taken by Juries in certain trials, under the several acts
to regulate escheats ; and to authorize the judges of the Superior Courts to
adopt the necessary forms of process, and other proceedings to carry the said
acts into effect.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That the oath to be taken b}^ a jury upon an inquest The oath of a
n rr. 1 • 1 1 1 • 1 '1 1 • 1 1 • f- J U1 T "POIl the
of office, touching escheated property, such as is described in the second section of an trial of es-
act, entitled An act to regulate escheats in this state, and to appoint escheators, passed p^ty^ pro '
the fifth day of December, one thousand eight hundred and one, shall be as follows :
'* You shall true inquest make, touching the escheat of such property as may be given
you in charge, and a true verdict give according to evidence ; so help you God."
Sect. 2. And be it further enacted by the authority aforesaid, That when any pro- Oath of the
perty, returned by the escheator, is claimed by any person or persons, pursuant to the ^"^ of any
third section of the above recited act, and an issue is made up thereon, the oath to be cJaim to P ro °
1 perty, return-
administered to the jury, upon the trial of such issue, shall be as follows : " You shall ed by the es-
cTicfvtorSo
well and truly try the issue of escheat between the state of Georgia and , and a
true verdict give according to evidence; so help you God."
Sect. 3. And be it further enacted, That the judges of the Superior Courts in the se- Judges re-
... cfuired to
veral circuits m this state, are hereby authorized and required to devise and adopt tne a dopt the
several forms of process, and other proceedings, which may be necessary and proper to formic,
to
278 ESCHEATS. 1817.
(No. 206.) carry into effect the above recited act, and all the several acts or parts of acts amenda-
carry into ef- tor y or supplementary thereto,
feet the acts J 1 1
xx cited.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives. •
MATTHEW TALBOT,
President of the Senate.
Assented to, 19th December, 1817.
WILLIAM RABUN, Governor.
(No. 207.) AN ACT
More effectually to provide for the collection of the funds arising from the sales of
escheated property within this stale, and to apply the same to literary purposes.
Preamble. WHEREAS, the provision heretofore made for the collection of the funds, arising
from the sales of escheated property, has been found inadequate and unproductive :
Sect. 1 . .BE it therefore enacted hy the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Monies arising- That from and immediately after the passing of this act, it shall be the duty of the at-
cheat laws of torney and solicitors general, at the first term of the Superior Court in every year, in
this state to eac h an d every county in this state, by rule or order of the said Superior Court, to re-
by the escheat- q U i re the escheators, in the said counties respectively to pay into the hands of the said
ors to the at- n # r . .
torney or so- attorney or solicitors general, for the purposes herein mentioned, all such sum or sums
ral at the first °f money as may be in the hands of the escheators* under the several escheat laws of
term ot t e ^ & state; and in case of a default or refusal by any such escheator, the Superior Courts
Courts in each aforesaid shall have power to punish such escheator in the same manner as if such es-
year. \
cheator was a defaulting officer of such court.
The attorney Sect. 2. And be it further enacted by the authority aforesaid, That it shall be
general to t ^ ie duty of the attorney or solicitors general, immediately upon the receipt of any sum
pay said mo- ^ or sums f money, under and by virtue of this act, to pay the same into the treasury of
treasury. this state, where the same shall constitute a fund, to be disposed of and distributed in
the manner herein provided.
ESCHEATS. 1819.
279
Sect. 3. And be it further enacted, That all such sum or sums of money, as may (No. 207.)
arise under the several laws of this state, upon the subject of escheats, shall be distri- Said monies
• . appropriated
buted among the several county academies of this state, which have not received the to the use of
certain county
amount ol one thousand pounds, as contemplated by the act of 1792, making provision academies.
for the county academies, in such proportions as may yet be due.
Sect. 4. And be it further enacted, That all laws and parts of laws militating against Repealing
this act be, and the same are hereby repealed, except so far as relates to the county of
Chatham, where the said funds shall be applied as heretofore.
Assented to, 21st December, 1819.
DAVID ADAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate*
JOHN CLARK, Governor.
[ 28 ° J
ESTRAYS.
AN ACT
To alter and amend the several Estray laws now in force in this state.
Clerks of the Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Inferior _ J \ J r j j
Courts com- Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
vertise estray That from and after the 1st day of March next, it shall be the duty of the clerks of the Infe-
( according- to r * or Courts of this state respectively, within ten days after they, or either of them, may
the descnp- have received from any iustice of the peace (of the county for which he is the clerk")
tion given by J ° .
the justice of before whom any estray horse, mare, colt, gelding, filly, ass, or mule, may have been
fore whom posted in conformity with the" estray law now in force in this state, a description of such
been posted ) estra y e d horse, mare, colt, gelding, filly, ass, or mule, to advertise such estray or estrays,
within lo days according to the description thereof, which he may have received as aforesaid, in the
ciiLcr sucii clg -
scription is re- Georgia Journal, Augusta Chronicle, or Savannah Republican, and the proprietors of
CClVCQa
In what pa- said papers shall receive as compensation, for the publication of each astray, the sum of
pers to adver- , n , re*.
£ se one dollar and nity cents.
Price of pub-
lication.
Expense of Sect. 2. And be it further enacted, That the said clerks respectively shall be autho-
how defrayed. Ylz - e ^ to P a y> out °f tne monies arising from the sales of estrays, the expense incurred
for such advertisement or advertisements, unless it should happen that the owner or
owners of such estray or estrays may prove them or either of them away, previous to
sale ; then, and in that case, it shall be the duty of such clerk to demand and receive of
the owner or owners of such estray or estrays, the full amount of the expenses incurred
for such advertisement or advertisements, previous to the delivery of such estray or
estrays.
ESTRAYS. 1816.
28 i
Sect. 3. And be it further enacted, That the clerks of the Inferior Courts aforesaid (No. 208.)
shall be entitled to the sum of fifty cents, for transmitting the description of said estrays, clerk s' fee.
from the owners, if proven away, or from the proceeds of the sale of such estray, if sold.
Sect. 4. And be it further enacted, That in all cases where expenses have been in- Expenses in-
curred, arising under this act by advertising such estray or estrays, it shall be the duty the&ctXow
of the said clerks respectively, to remunerate such expense out of the money arising defra y ed -
from the sale of such estrays ; and it shall be the duty of all such clerks to keep a fair clerks to keep
and regular book of entry of all such expenditures, to exhibit to the Inferior Courts of terin°g alTex?"
their counties respectively, upon application. penditures,
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate,
Assented to, 4th December, 1816.
D. B. MITCHELL, Governor
Oo
C 282 ]
EXECUTORS, ADMINISTRATORS, AND
GUARDIANS.
AN ACT*
To alter and amend the twelfth section of an act, entitled An act to protect the
estate of Orphans, and to make permanent provision for the Poor.
Real estates of
any testator or
intestate,
when and in
what manner
it may be sold.
Proviso.
BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, That it shall and may be lawful for the Inferior Courts in the
several counties in this state to order a sale, which shall be at public auction, and on the
first Tuesday in the month, at the place of public sales in the said county, first giving
sixty days notice thereof in one of the gazettes, and at the door of the court-house in
the county where such application shall be made, of such part or the whole of the real
estate of every testator or intestate, on the application of the executor or executors, or.
executrix, administrator or administrators or administratrix, guardian or guardians,
where it is made fully and plainly to appear that the same will be for the benefit of the
heirs or creditors of such estate : Provided, that a notice of such application for sale be
first made known in one of the gazettes in this state, and at least nine months before
any order absolute shall be made thereupon.
ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Executive Department, Georgia.
Assented to, 16th December, 1811.
D. B. MITCHELL, Governor.
* See act of 1816, No. 212, amendatory of this act.
EXECUTORS, ADMINISTRATORS, AND GUARDIANS. 1812.
283
AN ACT
(No. 210.)
To alter and amend Jin act for the more effectually securing the 'probate of Wills,
limiting the time for executors to qualify, and widows to make their election, and
for other purposes therein mentioned.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That the Courts of
Ordinary, upon application made by any administrator, administratrix, guardian or dis-
tributees of any estates, shall appoint three or more freeholders of the county in which
such application shall be made, whose duty it shall be to divide the said estate, subject
to distribution, into as many parts or shares as there are distributees, and assign, by lot
or otherwise, as to them shall seem proper, one of the said parts or shares to each dis-
tributee, or his, her or their guardian or legal representative ; the said distributee,
or his, her or their guardian or legal representative first giving bond and approved
security to the said administrator, to refund his or her proportionable part of any
debt which may be afterwards established against the said estate, and the costs attend-
ing the recovery of such debt : Provided always, the party so applying shall give to all
the parties in interest within the state, written notice thereof twenty days, and those with-
out the state ninety days, before the meeting of the court at which the said application is
made : And provided also, that the persons so making distribution shall be previously
sworn to make the same according to justice and equity, without favour or affection to
any of the parties, to the best of their skill and understanding.
In what man-
ner estates
shall be divi-
ded, upon ap-
plication of
any adminis-
trator, &c. to
the Court of
Ordinary.
Proviso.
Proviso.
Sect. 2. And be it further enacted, That any executors, executrix, administrators, ad-
ministratrix or guardian, whose residence shall be changed from one county to another,
either by the creation of a new county, removal, or otherwise, shall have the privilege of
making the annual returns, required of them by this act, to the Court of Ordinary of the
county in which they reside, by having previously obtained a copy of all the records
concerning the estates for which they are bound as executors, executrix, administrators,
administratrix or guardians, and having had the same recorded in the proper office in
the county in which they then reside, and having given new bond and security, as the
law directs, for the performance of their duty.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate,
Executive Department, Georgia.
Assented to, 10th December, 1812,
Executors,
&c. who have
changed their
residence
from one
county to
another, may
make their
returns to the
Court of Or-
dinary of the
county in
which they
reside.
D. B. MITCHELL, Governor,
Oo2
284
EXECUTORS, ADMINISTRATORS, AND GUARDIANS. 1816.
(No. 211.) AN ACT
To authorize the several Courts of Ordinary in this state to appoint their clerics
administrators, de bonis non, in certain cases.
Preamble. WHEREAS, there is no provision by law for the administration of the estates of
deceased intestates, in cases where the administrator or administrators die ; and ad-
ministration de bonis non cannot be granted from the incapacity of the persons applying
to give the security required by law, or when the persons appointed refuse to give such
security; for remedy whereof,
Courts of Or-
dinary in cer-
tain cases may
appoint their
clerks admi-
nistrators de
bonis non.
Duty and
power of
clerks, he. so
appointed.
Proviso.
Sect. 1. BE It enacted by the Senate and House of Representatives of the state of Geor-
gia, iit General Assembly met, and by the authority of the same it is enacted, That when
the administrator, administrators or administratrix of the estate of any intestate, shall
die before he has fully administered upon the estate, and the person or persons whom
the Court of Ordinary shall appoint administrators or administratrix de bonis non upon
such unadministered estate shall refuse to give the security required by law, or when the
applicant or applicants for letters of administration de bonis non upon unadministered
estates, shall be incapable of giving the security required by law, it shall be the duty of
the Courts of Ordinary in the county where any such case shall happen,'by special order
of court, to vest the final administration of such estates in the clerk of the Court of Ordi-
nary of said county, or such other person as the court may appoint ; and such clerk or
other person as aforesaid, when such special order shall have passed, shall immediately
proceed finally to administer on such unadministered estate, as soon as possible, under
the direction of said court; for which purpose the said clerk, or other person as afore-
said, shall have full power and authority to commence and defend suits at law, as the
legal representative of such unadministered estate : Provided, that in all such suits at
law no other evidence shall be required of the said clerks, or other person as aforesaid,
being the legal representative of any such unadministered estate, than an exemplified
copy of the aforesaid special order of the Court of Ordinary.
Executors, Sect. 2. And be it further enacted, That whenever the administration of an estate
ased admi-" sna U be vested in the clerk of the Court of Ordinary, or other person as aforesaid, ac-
mstrator, com- cor di n rr to the provisions of this act, the executor, executors, executrix, administrator,
pelledtopay ° r # '■' ' ' ' >
to such admi- administrators, or administratrix, of the deceased administrator, or administrators, shall
nistrator de
bonis non all
monies, and to
deliver all
papers and
property be-
longing' to
such unadmi-
nistered estate, &c
be bound to pay into the clerk's hands, or other person as aforesaid, all monies, and also
to deliver to him all bonds, notes, accounts and other papers,, and all the property be-
longing to such unadministered estate, and fully to account of and concerning the acts of
his, her or their deceased testator or intestate, upon such unadministered estate.
EXECUTORS, ADMINISTRATORS, AND GUARDIANS. 1816. 285
Sect. 3. And be it further enacted, Tliat such clerks, or other person as aforesaid, (No. 211.)
when invested with the administration of an estate, according to the provisions of this ^ f °2" s a ^^"
act shall be allowed such compensation for their services as is allowed to all other exe- nistrator de
bonis non.
cutors and administrators by the laws ol this state.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate,
Assented to, 16th December, 1816.
D. B. MITCHELL, Governor,
AN ACT (No . 212 .)
To alter and amend an " act to alter and amend the twelfth section of an act to
protect the estates of orphans, and to make permanent provision for the poor"
passed 16th December, 1811.
WHEREAS, difficulties have arisen from the above recited act; for remedy whereof,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
eiaAn General Assembly met. That it shall and may be lawful for the Inferior Courts in When andun-
*■ ■■ . ... der what cir-
the several counties of this state, when sitting for ordinary purposes, to order a sale, cumstances
which shall be at public auction, and on the first Tuesday in the month, at the place of ordinary may-
public sales in the said county, first giving sixty days notice thereof in one of the ga- 9? der.M ale of
zettes, and at the door of the court-house in the county where such application shall be any part of
the real estate
made, of such part or the whole of the real estate of every testator or intestate, on appli- of any testator
cation of the executor, or executors, or executrix, administrator, or administrators, or
administratrix, guardian, or guardians, where it is made fully and plainly appear, that the
same will be for the benefit of the heirs and creditors of such estate : Provided, that a Proviso.
notice of such application for sale be first made known in one of the gazettes in the
state, at least nine months before any order absolute shall be made thereupon.
286
EXECUTORS, ADMINISTRATORS, AND GUARDIANS. 1818.
(No. 212.) Sect. 4. And be it further enacted, That all laws or parts of laws militating against
Repealing this act be, and the same are hereby repealed,
clause. N
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate.
Assented to, 18th December, 1816.
D. B. MITCHELL, Governor.
(No. 213.)
AN ACT
For the better management of the persons and estates of idiots, lunatics and per
sons insane.
Courts of Or-
dinary may
appoint guar-
dians for idiots
lunatics, &c.
May remove
them for mis-
conduct.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, That the Inferior Courts of said, state, sitting as Courts of
Ordinary, shall have full power to appoint guardians for the persons and estates of all
idiots, lunatics and persons insane : and it is hereby made the duty of said courts to re-
quire bond and good security from all guardians appointed in pursuance of this act, for
the faithful discharge of their duties ; and said courts are hereby vested with full power
to remove any guardian who shall fail or refuse to manage the person or property of
such idiot, lunatic or person insane, in a proper manner.
Duty of such
guardians.
Sect. 2. And be it further enacted, That all guardians appointed by this act shall be
compelled, within three months after their appointment, to make an inventory of the
estate of their ward, and cause the same to be appraised, as. the law directs in cases of
deceased persons' estates, and return the same on path to said court.
Said court Sect. 3. And be it further enacted, That when it shall appear to said court that a sale
may order a rn r t <• ■ 1 • i« i • " • • r
sale of the °* a " or some part ol the estate ol such idiot, lunatic, or insane person, is necessary lor
Pr °h^d^t°& tne h- support or the payment of debts, it shall be the duty of said <:ourt to order such
when necessa- sales, and to authorize and compel said guardian or guardians to make titles to said
ry for their
support, &c. property.
Wife of an Sect. 4. And be it further enacted, That the wife of such idiot, lunatic or insane
titled to the person, (if he be married,) shall be entitled to the guardianship of her husband's person
EXECUTORS, ADMINISTRATORS, AND GUARDIANS. 1818.
287
and property : Provided, she comply with the requisitions of this act, reserving to said (No. 213.)
r»r,nv+ the right of joining other persons with her in said guardianship, at their discretion, guardianship
of her hus-
band's person and property. Proviso.
court
Sect. 5. And be it further enacted, That all guardians, who may be appointed under
and by virtue of this act, shall be bound to make to said court annual returns of their
actings and doings, with the persons and property of their wards.
Sect. 6. And be it further enacted, That where a married woman under this law
shall receive the guardianship of her husband's person, goods and effects, the bond so
given by her as guardian shall be good and valid in law, to all intents and purposes.
Sect. 7. And be it further enacted, That all laws or parts of laws militating against
this act be, and the same are hereby repealed.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
Said guardians
compelled to
make annual
returns to the
court of their
actings and
doings.
Bond of amat'"
ried woman,
made guar-
dian as afore-
said, shall be
valid in law,
Repealing
clause.
Assented to, 19th December, 1818,
WILLIAM RABUN, Governor,
[ 288 ]
EVIDENCE, RECORDS, AND CONVEYANCES.
AN ACT*
To alter and amend the second section of an act, entitled An act to legalize and
make valid certain acts of sheriffs and clerks, and to regulate the admission of
evidence in the several courts of law and equity in this state, so far as relates to
certain papers.
Preamble. WHEREAS serious evils exist in several counties in this state, in consequence of
certain friends or agents writing in, or keeping the clerks' offices for them, and signing
their own names to certain certificates, records and other papers, which papers, by late
decisions of the Superior Courts, cannot be admitted as evidence in said courts : And
whereas, the aforesaid act does not answer the purpose for which it was intended :
All deeds, &c.
enrolled, or
certificates,
and other
writing's made,
given or sign-
ed by certain
agents of cer-
tain clerks
herein men-
tioned, made
admissible in
evidence in
courts of law
and equity.
Sect. 1. BE it enacted by the Senate and House of Representatives, of the state
of Georgia, in General Assembly met, and it is hereby enacted, That all deeds, mortgages,
conveyances, processes and other writings, of whatever nature or kind, enrolled, or cer-
tificates made or given, and signed Edward Adams, for George Taylor, who was the
clerk of the Superior Court of Jackson county, or signed Edward Adams, for William
Penticost, the clerk of the Inferior Court of said county, and James Gray, James Smith,
and William Malone, for John Smith, clerk of the Superior Court, and James Gray and
James Smith, for David Cleveland, clerk of the Inferior Court, and Hansley Paine, for
Frederick Beall, clerk of the Court of Ordinary, all for the county of Franklin, and
John H. Fannin and Varner, Sterling Elder, David Merideth, Reuben Hill,
Joseph Hopkins, William Brown and James Harper, for Bedford Brown, clerk of the
The act which this amends is further amended and explained by act of 1812, No. 218.
EVIDENCE, RECORDS, AND CONVEYANCES. 1*11. 289
Superior Court, and John Smith, for Gabriel Hubert, clerk of the Inferior Court for (No. 214.^
the county of Clark, shall be received, held, deemed, considered, and admitted as evi-
dence in any court of law and equity in this state, in like manner as if the same had
been done and signed by the said George Taylor, or the said William Penticost, John
Smith, David Cleveland, Frederick Beall, Bedford Brown, and Gabriel Hubert, in his
or their own proper persons, any law, usage or custom to the contrary notwithstanding.
ROBERT IVERSON,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate.
Executive Department, Georgia.
Assented to, 10th December, 1811.
D. B. MITCHELL, Governor.
AN ACT (No, 21*.)
To legalize and make valid two manuscript books of the old records of the Exe-
cutive Department.
Sect. 1. .BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That from and after Twomanu-
the passing of this act, the- two manuscript books, A. and B. in the executive depart- ofdd records
ment, containing the records of said department, from the year one thousand seven °. f th< : execu -
hundred and seventy-seven to the year one thousand seven hundred and eighty-four, ment legaliz-
ed,
inclusive, that have been transcribed m pursuance of a resolution of the tenth day of
December last past, be, and the same are hereby legalized and made valid, and shall
henceforth become a part of the records of said department.
ROBERT IVERSON,
Speaker of the House of Representatives
MATTHEW TALBOT,
President of the Senate
Executive Department, Georgia.
Assented to, 16th December, 1811.
D. B. MITCHELL, Governor
PP
290 EVIDENCE, RECORDS, AND CONVEYANCES. 1811.
(No. 216.) AN ACT
To authorize the Inferior Court of Warren county to transcribe the records of
that coimty into bound books, and to confirm the same in Courts of Record.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Inferior Court Q eor gi a-> ' in General Assembly met, That the Inferior Court for the county of Warren,
county autho- G r a majority of them, be, and they are hereby authorized and empowered to cause to
rized to have m *
the records of be fairly transcribed into bound books, the whole or any part of the records of said
that county
transcribed. county.
Said records S*ect. 2. And be it further enacted, That it shall be the duty of the officers of said
ed to the court, or any person haying charge of any of the records of said county, to deliver
wh^h 11 them up to the court ; and the said court, or a majority of them, are hereby required to
point a fit per- appoint a fit and proper person or persons to transcribe the records aforesaid, and take
son to trans- rr r r _ \
scribe them, bond with good and sufficient security, for the faithful execution of the duties aforesaid,
who shall also take and subscribe an oath to that effect.
• ■ ^
The court ' Sect. 3. And be it further enacted, That after the manuscript copy shall be finished,
two persons to tne Inferior Court shall appoint two fit and proper persons to compare and correct the
compare the manuscript copy ; and when corrected as aforesaid, the copy and original shall be re-
originals, ceived by the aforesaid court, and deposited in the offices to which they' respectively
belong.
The duplicate Sect. 4. And be it further enacted, That the said duplicate records shall be consi-
considered as dered by the officers of court as original records, and shall be received as such in all
original re- Qr an y court f reC ord, nor shall they, or any of them, be barred in evidence by the
courts of record throughout this state, any thing to the contrary notwithstanding.
Expense of Sect. 5. And be it further enacted, That the said court shall be, and they are hereby
*t PQXlSCFlb 1 Y\ 9T
payable out of authorized, to defray the expenses of transcribing the said records, out of the county
fun e dr ity *»*•
ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Executive Department, Georgia.
Assented to, 16th December, 1811. * •
D. B. MITCHELL, Governor,
EVIDENCE, RECORDS, AND CONVEYANCES. 1812,
291
AN ACT
(No. 217.)
To make valid a transcribed copy of the records of the Ordinary Court of Scriven
county, and to confirm the same in Courts of Record.
■ WHEREAS, by an order of the honourable the Ordinary Court of the county afore- Preamble,
. said, the records of said court have been transcribed into bound books :
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of a transcribed
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, records oAhe
That the aforesaid transcribed copy be, and they are hereby confirmed as the lawful re- Court of „° r -.
CJ J J dinary of Sen-
cord of said court. - ven county
confirmed.
Sect. 2. And be it further enacted, That the said duplicate records shall be consi- The said du-
dered by the officers of court as original records, and shall be received as such in all corfs'texbe
or any court of record : nor shall they, or any of them, be barred in evidence by the rece . lved a o s
J j i j i j originals, &c,
courts of record throughout this state, any thing to the contrary notwithstanding.
Sect. 3. And be it further enacted, That the said court shall be, and they are hereby Said court au«
authorized to defray the expenses of transcribing the said records; out of the county defraytfie^x-
funds. • pensesof
transcribing.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
t President of the Seriate.
Executive Department, Georgia.
Assented to, 9th December, 1812.
D. B, MITCHELL, Governor,
PP
292
EVIDENCE, RECORDS, AND CONVEYANCES. 1812.
(No. 218.)
AN ACT
To amend and explain an act, entitled An act to legalize and make valid certain
acts of Sheriffs and Clerks, and to regidate the admission of evidence in the
several courts of law and equity in this state, so far as relates to certain pa-
pers.
Preamble. WHEREAS, the before recited act does not sufficiently provide for all the cases for
which it was intended ; and whereas, there is of record in this state a number of deeds
of conveyance which are only attested by one witness, and who has subscribed the
same as a justice of the peace, and also a great number which have been proven before
a clerk of the Superior Court, who has subscribed himself as justice ex officio, or as
clerk in his official capacity in the recess of court ; and whereas, doubts have been en-
tertained as to the propriety of admitting such deeds as evidence in the several courts
of law and equity in this state :
Deeds of "con-
veyance at-
tested by one
justice of the
peace, or a
clerk of the
Superior
Court, and
duly record-
ed, shall be
admitted in
evidence.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is enacted by the authority of the same, That
where any deed of conveyance has been attested by one justice of the peace, or a
clerk of the Superior Court, *and recorded in the time prescribed by law, the same shall
be admitted as evidence in any of the courts of law or equity in this state, and as such
submitted to the jury, any law, usage or custom to the contrary notwithstanding.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate.
Executive Department, Georgia.
Assented to, 10th December, 1812.
D. B. MITCHELL, Governor
EVIDENCE, RECORDS, AND CONVEYANCES. 1814.
AN ACT
(No. 219.)
To make valid a transcribed copy of the Records of the Register of Probates of
Columbia county, and to confirm the same in Courts of Record.
WHERErAS, by an order of the honourable the Court of Ordinary of the county Preamble,
aforesaid, they have had the same fairly transcribed into a bound book, and have re-
ceived it as such :
Sect. 1. BE it enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the aforesaid transcribed copy be, and the same is hereby confirmed as the lawful
record of the Court of Ordinary of Columbia county.
. Sect. 2. And be it further enacted, That the said duplicate records shall be consi-
dered by the officers of courts as original records, and shall »be received as such in all
or any court of record, nor shall they or any of them be barred in evidence by the
courts of record throughout this state, any thing to the contrary notwithstanding.
A transcribed
copy of the
records of the
register of
probates of
Columbia
county con-
firmed.
Said duplicate
records to be
received as
original re-
cords.
Sect. 3. And be it further enacted, That the said court shall be, and they are Said Court of
hereby authorized to defray the expenses of transcribing the said records. • defraTthe^ex-
pense of tran-
scribing.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
JARED IRWIN,
President of the Senate, pro tern.
PETER EARLY, Governor,
Assented to, 23d November, 1814.
294
EVIDENCE, RECORDS, AND CONVEYANCES. 1815.
(No. 220.)
AN ACT*
To alter the law of Libel, so far as to allow the defendant to justify and give the
truth in evidence, on indictments for the same.
m
Preamble. WHEREAS, the existing law relative to indictments for libel hath been found on
experience to be unjust in itself, and in direct hostility to the spirit and genius of our
free institutions :
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That in all future indictments for libel, it shall be lawful for the defendant to file a plea
of justification, and to give the truth in evidence under the same, agreeably to the rules
of evidence, and of the proceedings of the courts of law, any law, usage or custom to
the contrary notwithstanding.
- *
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Defendant
may justify
and give the
truth in evi-
dence upon
indictments
for libel.
Assented to, 12th December, 1815.
D. B. MITCHELL, Governor.
* See the Penal Code of 1817, on the same subject.
EVIDENCE, RECORDS, AND CONVEYANCES. 1816. 995
• AN ACT ( No , 221.)
To authorize the justices of the Inferior Court of Burke county, to cause the re-
cords of the Court of Ordinary of said county to be fairly transcribed into bound
books, and to legalize the same.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of justices of the
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, f g" ^
That the justices of the Inferior Court for the county of Burke, or a majority of them, c °unty autho-
J * J J nzed to have
be, and they are hereby authorized and empowered to cause to be fairly transcribed the records of
into bound books, the whole or any part of the records of the Court of Ordinary of said Ordinary
transcribed,
county.
Sect. 2. And be it further enacted, That it shall be the duty of the officers of said Said records
court, or any persons having charge of any of the records of said Court of Ordinary, to e d up to said
deliver them to the justices of said court ; and the said justices, or a majority of them, ^Jghall ap-
are hereby required to appoint a fit and proper person to transcribe the records afore- P oint some fit
said, and take bond with good and sufficient security for the faithful execution of the transcribe the
duties aforesaid, who shall take and subscribe an oath to that effect.
Sect. 3. And be it further enacted, That after the manuscript copy shall be finished, Said tra11 -
r . . scribed copy
the justices aforesaid, or a majority of them, shall appoint two fit and proper persons to to be compar-
compare the said manuscript copy with the originals, and if found correct, be received originals, and
by the justices aforesaid, and deposited in the office of the Court of Ordinary for said fh<f officio?
county. the Court of
Ordinary.
Sect. 4. And be it further enacted, That the said duplicate records shall be consi- Said duplicate
records to be
dered by the officers of court as original records, and shall be received as such in all or considered
any court of record; nor shall they be barred in evidence by the courts of record aboriginals 6
throughout this state, any thing to the contrary notwithstanding,
296 EVIDENCE, RECORDS, AND CONVEYANCES. 1816.
(No. 221.) Sect. 5. And be it further enacted, That the said justices shall be, and they are
Expenses of hereby authorized to defray the expenses of transcribing the said records oat of the
transcribing to e
be paid out of county tunds.
the county
funds.
BENJAMIN WHITAKER,
Speaker of the House of Representatives*,
WILLIAM RABUN,
President of the Senate.
Assented to, 12th December, 1816.
D. B. MITCHELL, Governor.
(No. 222.) AN ACT
To authorize the Inferior Court of Twiggs county to transcribe the Records of
the Courts of Ordinary of said county into a bound book or books, and to con-
firm the same in Courts of Record.
Inferior Court Sect. 1. BE it enacted by the Senate and House of ' Representatives of the state of
Twiggs Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
rized to have That the Inferior Court of the county of Twiggs, or a majority of them, be, and they are
the records of # ...
the Court of hereby authorized and empowered, to cause to be fairly transcribed into a bound book
said county or books, the whole or any part of the records of the said Court of Ordinary.
transcribed.
S id records Sect. 2. And be it further enacted, That it shall be the duty of the officers of said
to be deliver- C our t of Ordinary, or any person having charge of any of the records of said Court of
said Ordinary, and the said Inferior Court, or a majority of them, are hereby required to
Appoint a fit appoint a fit and proper person to transcribe the records aforesaid ; and take bond with
person to good and sufficient security, for the faithful execution of the duties aforesaid ; who
transcribe the ° J
same. shall also take and subscribe an oath to that effect.
The copy to Sect. 3. And be it further enacted, That after the manuscript copy shall be finished,
wit^the^ori- tne sa ^ Inferior Court shall appoint two fit and proper persons~to compare and correct
ginals, &c. tne sa id manuscript copy ; and when corrected as aforesaid, the copy and original shall
be received by the said Inferior Court, and deposited in the office of the clerk of the
Court of Ordinary.
EVIDENCE, RECORDS, AND CONVEYANCES. 1817.
297
Sect. 4. And be it further enacted, That the said duplicate records shall be consider-
ed by the officers of the said Court of Ordinary as original records, and shall be re-
ceived as such in all or any court of record; nor shall they, or any of them, be barred in
evidence by the courts of record throughout this state ; any thing to the contrary not-
withstanding.
(No. 222.)
Said duplicate
records to be
considered
and received
as originals:
Sect. 5. And be it further enacted, That the said Inferior Court are hereby authoriz-
ed to pay, out of the funds of said county, a reasonable sum for the transcribing, and
other expenses of the said records. ,
Expenses of
transcribing',
&c. payable
out of the
county funds.
Assented to, 18th December, 1817.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
WILLIAM RABUN, Governor,
AN ACT
(No. 223.)
To authorize the Inferior Court of Lincoln county to transcribe the Records of the
Superior and Inferior Courts, and Court of Ordinary of said county, into new
and well bound books, and make the same the records of said courts.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That from and after
the passing of this act, the inferior Court of Lincoln county are authorized and em-
powered to have such of the records of the Superior and Inferior Courts, and Court of
Ordinary of said county, that is not in well bound books, to be fairly transcribed into
new and well bound books, and have the same in alphabetical order.
Sect. 2. And be it further enacted, That the said Inferior Court are authorized and
empowered to take such steps as will ensure a speedy and correct transcript of the re-
cords aforesaid.
Inferior Court
of Lincoln
county autho-
rized to have
the records of
the Superior,
Inferior and
Ordinary
Courts of said
county trans-
cribed into
new books.
Authorized to
take the ne-
cessary steps.
Sect. 3. And be it further enacted, That so soon as the said Inferior Court shall be Two persons
' r i -i -i • t0 be appoint-
mtormed that the manuscript copies of said records shall be finished, the said Inferior e d to examine
Q q
298
EVIDENCE, RECORDS, AND CONVEYANCES. 1818.
and correct
the said tran
scripts.
(No. 223.) Court shall appoint two fit and proper persons to examine and correct the said manu-
script copies ; and when corrected, they are required to make report, to the Inferior
Court, of such manuscript copies, which report shall be entered on the minutes of said
Inferior Court, and the books therein referred to shall be deposited in the offices of the
clerks aforesaid ; which duplicate records shall be considered by the said officers of said
courts as original records, and received in evidence as such, in all courts, in the same
manner as if the same had not been transcribed.
The duplicate
records to be
considered as
originals, and
received in
evidence as
such.
Expenses of
transcribing,
&c. payable
out of the
county funds.
Sect. 4. And be it further enacted, That the said Inferior Court are hereby autho-
rized to pay, out of the county funds, a reasonable sum for the transcribing said re-
cords, and provide at all times, out of the county funds, for all necessary expenses, for
stationary and books for recording, for the use of the said Superior and Inferior Courts.
Assented to, 19th December, 1818.
BENJAMIN WILLIAMS,
'Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate.
WILLIAM RABUN, Governor.
(No. 224.)
AN ACT
To authorize the Inferior Court of Wilkinson county to transcribe the Records of
that county, in bound books, and to confirm the same in Courts of Record.
.Justices of the Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
of Wilkinson Georgia, in General Assembly met, and by the authority of the same, That the justices of
county to have the Inferior Court for the county of Wilkinson, or a majority of them, be, and thev
the records of * ° J 7 ' •>
said county are hereby authorized and empowered to cause to be fairly transcribed into bound
transcribed ,111 r r
into bound books, the whole or any part of the records of said county.
books.
Said records Sect. 2. And be it further enacted, That it shall be the duty of the officers of said
to be deliver- „ '. ■ ■
ed to said court, or any person having charge of any 01 the records of said county, to deliver them
' ' up to the court; and the said court, or a majority of them, are hereby required to ap-
point a fit per- point a fit and proper person or, persons to transcribe the records aforesaid, and take
EVIDENCE, RECORDS, AND CONVEYANCES. 1819. ^99
bond with good and sufficient security, for the faithful execution of the duties aforesaid, (No. 224.)
who shall also take and subscribe an oath to that effect. tofransSoT*
the same.
Sect. 3. And be it further enacted, That after the manuscript copy shall be finish- Tne manu-
script copy to
ed, the Inferior Court shall appoint two fit and proper persons to compare and correct be compared
, . ,, , r-ii ., ... . „, and corrected
the manuscript copy ; and when corrected as aforesaid, the copy and original shall be w ith the ori-
received by the aforesaid court, and deposited in the offices to which they respectively S inals °
belong.
Sect. 4. And be it further enacted, That the said duplicate records shall be consider-
ed by the officers of court as original records, and shall be received as such in all or
any court of record ; nor shall they, or any of them, be barred in evidence by the courts *
of record throughout this state, any law to the contrary notwithstanding.
Sect. 5. And be it further enacted, That the said court shall be, and they are hereby
authorized, to defray the expenses of transcribing the said records out of the county
funds.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 30th November, 1819.
JOHN CLARK, Governor.
AN ACT (No. 225.}
To provide for the taking and recording of the evidence given in on all trials for
capital offences, and also in all other cases where the party convicted may be
sentenced to confinement in the Penitentiary for one or more years.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passage of this act it shall be the duty of the judges of the Su- Judges of the
Superior
perior Courts, presiding in any of the cases aforesaid, to take or cause to be taken down Courts totak<5
. Qq 2
300
EVIDENCE, RECORDS, AND CONVEYANCES. 1819.
(No. 225.) in writing, a memorandum of the testimony of all witnesses who may testify in said cases,
a memoran- which said memorandum taken as aforesaid, in the event of conviction and sentence of
dum of the
evidence in the party charged, shall be approved by the court and ordered to be recorded.
certain crimi-
nal cases, which shall be recorded in the event of conviction and sentence.
A certified Sect. 2. And be it further enacted, That in all cases of application for pardon or re-
evidence shall prieve, a certified copy of such evidence shall accompany such application.
accompany
applications • „. . TTTT ^ A ._ . ■.-.„
for pardon or DAVID ADAMS,
reprieve. Speaker of the House of Representatives .
MATTHEW TALBOT,
President of the Senate,
JOHN CLARK, Governor.
Assented to, 9th December, 1819.
(No. 226.)
AN ACT
To regulate the admission of evidence in certain cases, in the several courts of law
and equity in this state, and to provide for the recording of conveyances of per-
sonal property.
All laws and
resolutions
published by
authority
deemed pub-
lic.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That all laws and resolutions, as published by authority, shall be held, deemed and con-
sidered public laws and resolutions, and the several courts of law and equity of this state
shall take notice thereof as such, any law, usage or custom to the contrary notwith-
standing.
Copies of do-
cuments, &c.
certified by
the proper
officer made
admissible in
evidence.
Proviso.
Sect. 2. And be it further enacted by the authority aforesaid, That the certificate
or attestation of any public officer, either of the state or any county thereof, shall give
sufficient validity or authenticity to any copy or transcript of any record, document or
paper of file in the respective offices under their control, management, or to which they
may be lawfully attached, to admit the same as evidence before any court of law or
equity of this state : Provided nevertheless, that nothing herein contained shall be so
construed as to prevent any of the judges of the Superior or Inferior Courts to require
the original, or that it be accounted for.
^EVIDENCE, RECORDS, AND CONVEYANCES. 1819,
301
Sect. 3. And be it further enacted by the authority aforesaid, That all conveyances (No. 226.)
of personal property duly executed, and bearing date after the passage of this act, may be c o nve y ances
recorded, and shall be admitted as evidence under the same rules and regulations as property may
be recorded s
govern in cases of real property. &c.
Assented to, 21st December, 1819.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
JOHN CLARK, Governor.
«r
C 302 ]
FACTORY, WOOLLEN.
AN ACT
To authorize the commissioners therein named to establish a lottery for the purpose
of raising the sum of seven thousand dollars, the better to enable Henry Heald,
Jacob Gregg and Robert Pearman to erect a woollen factory at some convenient
place in the upper part of this state.
Sect. 1, BE it enacted by the Senate and House of Representatives of the state of
A lottery au- Georgia, in General Assembly met, That it shall and may be lawful for the commissioners
the purpose of herein after named to establish a lottery, within two years from and after the passing of
erecting a ^{q act, to raise the sum of seven thousand dollars, under such scheme %nd regulations
tor y- as they, or a majority of them, may deem necessary and proper to carry into effect the
above recited object.
A bond to be Sect. 2. And be it further enacted, That the said Henry Heald, Jacob Gregg and
tioned that the Robert Pearman, or the survivors of them, shall, before they are entitled to receive the
"hTl 6 b rai amount of money so raised, agreeable to the provisions of this act, enter into a bond
plied to the w ith three or more good securities, made payable to his excellency the Governor for the
aforesaid. time being, and his successors in office, in the penal sum of fourteen thousand dollars,
to be void on condition that if the money so raised as aforesaid, shall be applied and
Proviso. appropriated to the special purpose as contemplated by this act : Provided, that the said
Henry, Jacob and Robert shall give bond with good and sufficient securities, in the sum
of fifty thousand dollars, to his excellency the Governor, faithfully to discharge their
duties ; and also, to account with the fortunate drawers in the said lottery for the sum
or sums which shall be drawn ; and in case the said lottery shall not be drawn, to return
the sum or sums advanced for tickets in said lottery.
FACTORY, WOOLLEN. 1814.
303
Sect. 3. And be it further enacted. That Moses Speer, Anderson Dabney, Thomas S. (No. 227.)
>nner, Tandy W. Key, and Benson Henry, or a majority of them, be
hereby appointed commissioners to carry into effect the aforesaid lottery.
Bonner, Tandy W. Key, and Benson Henry, or a majority of them, be, and they are Commission-
61 S 01 Said
lottery nomi-
nated.
Assented to, 23d November, 1814.
BENJAMIN WHITAKER,
Speaker of the House of Representatives .
WILLIAM RABUN,
-t 7
President of the Senate.
PETER EARLY, Governor.
[ 304 ]
FERRIES.
1811. •
(No. 228.) AN ACT
To repeal an act, entitled An act to authorize Henry Joice to erect a ferry across
the Oconee river, at or near his landing.
Sect. 1. BE it enacted by the Senate and House of Representatives, in General Assembly
The recited met, and by the authority of the same, That from and after the passing of this act, the law
actrepealed. ,. . *■ '•■ '. ■', ..
passed at the last session of the legislature, on the 13th December, 1810, appointing
James Alston, Abraham Jones, Edward Blackshear, Hugh M c Donald, and Joseph
Burch, commissioners to lay off a road for the establishment of a ferry at or near Henry
Joice's landing, be, and the same is hereby repealed, any law or parts of laws to the con-
trary notwithstanding.
ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Executive Department, Georgia.
Assented to, 13th December, 1811.
D. B. MITCHELL, Governor.
FERRIES. 1812. 305
AN ACT (No. 229.)
To establish and make permanent the ferry on Savannah river, in the county of
Elbert, known by the name of M c Donald's Ferry.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the ferry on Savannah river in the county of Elbert, on the land whereon Hugh Hugh M e Don-
. , aid's ferry on
M c Donald now lives, adjoining lands of Moses Haynes, senior, called and known by Savannah ri-
the name of M c Donald's ferry, be, and the same is hereby made and declared a public public ferry
ferry, and the said Hugh M c Donald, his heirs or legal representatives, are authorized
to ask and receive from all persons crossing at said ferry, the same rate of toll (or fer- Ferriage
riage) that is by law authorized to be received at public ferries on said Savannah river-
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate.
Executive Department, Georgia.
Assented to, 5th December, 1812.
D. B. MITCHELL, Governor.
AN ACT (No. 230.)
To authorize John Jeter to establish a ferry across the Oconee river, the landings
of said ferry on the premises of said John Jeter.
S^ict. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That John Jeter, John Jeter
his heirs and assigns, shall have a right to keep a ferry on the Oconee river, at or near esta biish a
the place, where his flat at present crosses said river, on his own land, on a road lead- ferry on the
R r
306
m
FERRIES. 1813.
(No. 230.)
Oconee river.
Rates of fer-
riage.
ing from Hancock county to Putnam county, liable to the same toll and regulations as
other ferries in said counties j any law, usage or custom to the contrary notwithstand-
ing.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of -the Senate.
Assented to, 2d December, 1813.
PETER EARLY, Governor.
(No. 231.)
AN ACT
Supplemental to an act, entitled Jin act securing to Joseph Hill, his heirs and
assigns, the exclusive right of erecting three toll bridges across Savannah river
and its branches, and raising causeways across Hutchinson's island, and other
islands in the said river.
Joseph Hill
authorized to
establish a
ferry from the
city of Savan-
nah to Proc-
tor's Point in
South Caroli-
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the said Joseph Hill, his heirs and assigns, shall be authorized to establish a ferry
from the city of Savannah to Proctor's point, so called, in South Carolina, and that he
or they shall be entitled to demand and receive for the conveyance of passengers, and
all others crossing said ferry, the same toll as is authorized in and* by the aforesaid re-
cited act, to which this is a supplement.
Continuation
of this act.
Proviso.
Sect. 2. And be it' further enacted, That this act shall continue in force until the
said Joseph Hill, his heirs and assigns, shall have built and completed the bridges and
causeways mentioned in the before recited act : Provided, that said bridges and cause-
ways are built and completed in the period therein mentioned.
Assented to, 6th December, 1813.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate,
PETER EARLY, Governor,
FERRIES. 1813. 307
AN ACT (No. 232.)
To authorize Ezekiel Dubose to erect a ferry across Savannah river, at his plan-
tation in the county of Lincoln.
WHEREAS, it would be of general good to the community that a ferry should be Preamble
established at the plantation of the said Ezekiel Dubose t
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and by the authority of the same, That the Ezekiel Du-
aforesaid Ezekiel Dubose, his heirs and assigns, are hereby authorized and empowered, ec j to establish
so far as the legislature of the state of Georgia can invest him or them, to erect a ferry LJ^ rive/
across Savannah river at his plantation, and be entitled to demand and receive the fol- a 5 his planta-
tion in Lm-
lowing rates of ferriage or toll, to wit: For a loaded waggon, team and driver, seventy- coin county.
five cents ; for an empty waggon, team and driver, fifty cents ; for a four wheel plea- T °U rates,
sure carriage, fifty cents ; for a two wheel pleasure carriage, twenty-five cents ; for a
loaded cart, team and driver, twenty-five cents ; for an empty cart, team and driver,
eighteen ana* three-fourth cents ; for every rolling hogshead, team and driver, twenty-
five cents ; for a horse and rider, twelve and a half cents ; for every led horse, ass or
mule, six and a quarter cents ; for each head of cattle, two cents ; for each head of hogs,
sheep or goats, one cent; and for each foot passenger, six and a quarter cents.
Sect. 2. And be it further enacted by the authority aforesaid, That this act shall Continuation
continue and be in full force and effect for the term of seven years from and after the
first day of January, eighteen hundred and fourteen, any law to the contrary notwith-
standing : Provided, the same does not interfere with the established rights of any other Proviso,
ferry.
BENJAMIN WHITAKER,
Speaker of the House of Representatives .
WILLIAM RABUN,
President of the Senate.-
Assented to, 6th December, 1813.
PETER EARLY, Governor
Rr 2
308
FERRIES. 1814,
(No. 233.)
AN ACT
Authorizing Captain Thomas H. Miller, of Camden county, to establish a ferry
across North river, and to throw up a causeway through the adjoining marsh,
V <
Preamble. WHEREAS, it is of great importance to shorten the distance of communication be-
tween the fortifications at Point Petre and the city of St. Mary's :
Sect. 1. Therefore be it enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same y
Captain Miller That captain Thomas H. Miller be, and he is hereby authorized to establish a ferry
authorized to ... .
establish a across North river, opposite to his house, and he is also authorized to throw up a cause-
North^irer. wav from the said ferry, through the marsh to the high land on each side of the said
river.
Ferriage.
Sect. 2. And be it further enacted by the authority aforesaid, That to remunerate the
said captain Thomas H. Miller for making the aforesaid causeway, and keeping the
ferry, he is hereby authorized to demand and receive the following toll : For every foot
man, twelve and a half cents ; for every man and horse, twenty-five cents.
Assented to, 22d November, 1814,
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
JARED IRW'IN,
President of the Senate, pro tern.
PETER EARLY, Governor.
FERRIES. 1815. 3Q9
AN ACT (No. 234.)
To secure to Ransom Carson, a citizen of Wayne county, the right and privilege
of establishing a ferry across the river Satilla in said county.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That the right and The right of
privilege of establishing a ferry across Great Satilla river, at the place formerly called f erry acr0S s
Carson's Ferry, be, and the same is hereby confirmed unto Ransom Carson, his heirs J^f c^^.
and assigns : Provided, the said Ransom Carson shall own the lands on each side of the ed to Ransom
° Carson,
river, for the term of seven years, commencing the first day of January, one thousand p rov iso.
eight hundred and sixteen: And provided also, the said Ransom Carson shall, within Proviso,
three months, have a sufficient flat or ferr^-boat, for the passage of travellers, with wag-
gons and carriages, across the said river.
Sect. 2. And be it further enacted, That the said Ransom Carson, his heirs and as-
signs, shall and may demand and receive the several sums herein after specified, at the
place aforesaid, that is to say : For every foot passenger, six and a quarter cents ; for Ferriage.
each man and horse, twelve and a half cents ; for each single led horse, six and a quarter
cents ; for each two wheel carriage, thirty-seven and a half cents ; for each four wheel
carriage, seVenty-five cents j for neat cattle, per head, three cents j for goats, sheep, or
hogs, two cents.
,:■''"•. f "
Sect. 3. Be it further enacted, That when there is a fresh in said river, which will Ferriage in
. . . . case of freshes,
occasion long ferriage, that the said Ransom Carson, his heirs or assigns, shall demand
and receive, the following rates herein after specified, that is to say: For every foot pas-
senger, twelve and a half cents ; for every man and horse, twenty-five cents ; for every
led horse, eighteen and three-fourth cents ; for every two wheel carriage, sixty-two and
a half cents ; for every four wheel carriage, one dollar.
Sect. 4. And be it further enacted, That when the above mentioned river shall be so When the ri-
low at the above mentioned place that passengers can ford the same, that the above no rate s to be
rates shall not be" demanded. demanded.
Sect. 5. And be it further enacted, That it shall not be lawful for any person or per- Penalty for
obstructing
sons, m any way, to obstruct the ford at which the said ferry is intended to be establish- the ford.
310 FERRIES. 1815, 1816.
(No. 234.) ed, under the penalty of one hundred dollars, to be recovered before any court having
competent jurisdiction thereof, one half to the complainant, and the other half for county
purposes.
BENJAMIN WHITAKER,
Speaker of the House of Representatives ,
WILLIAM RABUN,
President of the Senate -
Assented to, 8th December, 1815.
D. B. MITCHELL, Governor,
(No. 235.) . AN ACT •
For establishing a rate of ferriage over the Great Satilla river, at the old Town
Bluff, in Camden county.
Sect..1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passage of this act, the following rates of ferriage be, and the
Rates offer- same are hereby established, to wit: For a loaded waggon and four horses, one dollar;
Great Satilla, for an empty waggon and four horses, seventy-fiv.e cents ; for all four wheel plefasure
Town Bluff in cari "i a g es i one dollar ; for a two wheel pleasure carriage, fifty cents ; for a horse and
Camden coun- car t, thirty-seven and a half cents ; for a man and horse, twelve and a half cents ; for a
y* # -
led horse, six and a quarter cents ; for a foot passenger, six and a quarter cents ; for
each head of cattle, three cents ; for each head of hogs, sheep, or goats, two cents.
BENJAMIN WHITAKER,
_ Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate,
Assented to, 12th December, 1816.
D. B. MITCHELL, Governor,
FERRIES. 1816. 311
AN ACT (No. 236.)
To authorize Armstead Burt, and the legal representatives of Samuel Scott,
deceased, to keep a Ferry on Savcmnah river.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Armstead
. _ Burt, and the
Georgia, in General Assembly met, and it is hereby enacted by the authority oj the same, i e g a l repre-
That from and immediately after the passing of this act, that Armstead Burt, and the c* mue i g cott
legal representatives of Samuel Scott, shall have the right and privilege of keeping a ^ c ^ as< % d i au "
ferry on the Savannah river, at or near the place called and known by the name of keep a ferry
on Savannah
Scott's ferry, for the term ©f ten years. river.
Sect. 2. And be it further enacted, That it shall not be lawful for the said Armstead Said Burt, &c.
Burt, or the legal representatives of Samuel Scott, deceased, to have the right and pri- and security
vilege of keeping a ferry as aforesaid, or receiving any toll or ferriage as contained in c 0U rt of Co-° r
this act, until the aforesaid Armstead Burt, or the legal representatives of Samuel Scott, himbiacounty,
7 • x conditioned to
shall have given a bond, with two good and sufficient securities, to the justices of the keep a good
fiat, &c.
Inferior Court of Columbia county, in the sum of one thousand dollars, conditioned to
keep a good and sufficient flat for the conveyance of all common carriages, people and
stock, witb due attendance to manage said flat for and during tne term aforesaid.
Sect. 3. And be it further enacted by the authority of the same, That the said Arm-
stead Burt, and the legal representatives of Samuel Scott, deceased, shall be, and they
are hereby authorized to receive the following rates of ferriage, to wit : For a waggon Ferriage,
and team, one dollar ; for a cart and team, thirty-seven and a half cents ; for a four
wheel pleasure carriage, one ( dollar ; for a two wheel pleasure carriage, fifty cents ; for
a man and horse, twelve, and a half cents ; for each led or drove horse, six and a quar-
ter cents ; for ea#h head of cattle three cents ; for each head of sheep, hogs,' or goats,
one cent.
Sect. 4. And be it further enacted, That all laws or parts of laws that militate against Repealing
this act be, and the same are hereby repealed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
Assented to, 19th December, 1816.
D, B. MITCHELL, Governor,
312
FERRIES. 1817
(No. 237.)
AN ACT
Zach.Bowman
authorized to
establish a
public ferry-
on Savannah
river, in El-
bert county.
Daniel .Tuck-
er, sen'r. also
authorized to
establish one.
To establish certain ferries therein mentioned.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That from and
after the passing of this act, Zachariah Bowman be, and he is hereby authorized to esta-
blish a public ferry on Savannah river, at his own landing in Elbert county, just above
the mouth of Coldwater creek, and that Daniel Tucker, senior, be, and he is hereby
authorized to establish and keep a public ferry on said river, in said county, from his
own land to the land of John Speer, on the opposite shore ; and that the said ferries be
under the same rules and regulations, and receive the same rates for ferriage, that other
ferries do that have been heretofore established on said Savannah river above Augusta.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 18th December, 1817.
WILLIAM RABUN, Governor.
(No. 238.)
AN ACT
To authorize JVathaniel Bostick to establish a ferry across Ogechee river, on his
own land.
Nathaniel
Bostick au-
thorized to
establish a
ferry across
Ogechee
river.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in general assembly met, That from and immediately after the passing of this act,
Nathaniel Bostick be, and he is hereby authorized to establish a ferry across Great
Ogechee river, on his own land, at or near the upper end of Fletcher's island in said
river.
Ferriage.
Sect. 2. And be it further enacted, That the said Nathaniel Bostick shall be entitled
to receive of and from all person or persons crossing thereat, the following sums for
crossing at said ferry, to wit : For every four wheel pleasure carriage fifty cents ; for
FERRIES. 1817. 313
every waggon fifty cents ; for every two wheel pleasure carriage thirty-seven and a half (No. 238.)
cents ; for every cart twenty-five cents ; for man and horse twelve and a half cents ; for
every footman six and a quarter cents ; for every led or drove horse, cow, hog, sheep or
goat, two and a half cents.
Sect. 3. And be it further enacted, That before the said Nathaniel Bostick shall be SaidBostick
to give bond
permitted or entitled to receive any thing for ferriage across said river, he shall give a and security
bond, with two good and sufficient freehold securities, of the county of Jefferson, to the court of Jef-
Inferior Court of said county, in the sum of five hundred dollars, to make good all losses [o^^ke " ooci
which may happen to property in crossing at said ferry ; which bond shall be filed in the a11 losses that
clerk's office of the Inferior Court of said county of Jefferson, ,and may be sued on for property in
the use and benefit of any person that may sustain any injury by the negligence of the f er ry.
said Bostick, and a copy of the said bond, certified by the clerk of the said Inferior
Court, shall be good evidence, on the trial of any cause against said Bostick on said
bond.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate
Assented to, 18th December, 1817.
WILLIAM RABUN, Governor,
AN ACT ( No> 239)
To establish certain Ferries at the confluence of Broad and Savannah rivers, for
certain purposes and persons therein mentioned.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That a public ferry be established at the confluence of the Broad and Savannah rivers, Benton Wal-
ton vfistcd
upon the land of Benton Walton; and the right of the ferry from thence across Broad with a right of
river to the point between the two rivers, and also from Iris landing in Lincoln county coi^nce^of
to the Carolina side, be, and the same is hereby vested in the said Benton Walton, his ^ road a " d
heirs, executors, administrators or assigns, for and during the term of thirty years from rivers,
the passing of this act,
S s
314
FERRIES. 1818.
(No, 239.) Sect. 2. And be it farther enacted by the authority aforesaid, That a public ferry, from
the point in Elbert county between Broad and Savannah rivers, across both streams to
Benton Walton's land, on the one stream, and from the point to Carolina side, on Sa-
vannah river, be, and the same is hereby established upon the land and for the use of
John Oliver, a minor, for and during the terms of thirty years : Provided, nothing here-
in contained shall be so construed as to affect the right and privileges now observed at
the same ferries ; and the right of public ferries on the lands of both persons herein
mentioned shall be, to all intents and purposes, considered as distinct and separate esta-
blishments.
A ferry at the
confluence of
Broad and Sa-
vannah rivers
established for
the use of
John Oliver,
a minor.
Proviso.
Ferriage, &c. Sect. 3. And be it further enacted, That each of those rights of public ferries shall
be under the same rules and regulations that other ferries are upon the same rivers, and
under the same rates for ferriage as have been heretofore received at the said ferries.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 19th December, 1818.
WILLIAM RABUN, Governor.
No. 240.)
AN ACT*
To continue in force for the term often years an act, entitled An act for establish-
ing a ferry over the river Mtamaha, at Fort Barrington.
An act esta-
blishing a
ferry at Fort
Harrington
continued in
force for ten
vears.
W
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That an act passed on the twenty-second of December, eighteen hundred and eight, en-
titled An act to establish a ferry over the river Altamaha, at Fort Barrington, be, and the
same is hereby continued in force until the first day of January, eighteen hundred and
twenty-eight.
See act of 1819, No. 242, amendatory of the one which this continues.
*.* flB
FERRIES. 1818, 1819.
315
Sect. 2. And be it further enacted, That all laws and parts of laws militating against (No. 240.)
this act be, and the same are repealed.
Repealing
clause.
Assented to, 19th December, 1818.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
WILLIAM RABUN, Governor.
AN ACT
(No. 241.)
To establish a certain Ferry herein mentioned.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the passing of this act, that the right of a public ferry, The right of a
iiirtrT ferry across
generally known by the name of Barksdale Ferry, now upon the land ol Henry Jones, savannah ri-
of Lincoln county, and from thence across Savannah river, to his land in Carolina, be, Bar \. sc j a i e
and the same is hereby vested in the said Henry Jones, his heirs, executors, administra- Fe "7» vest ^
tors or assigns, for and during the term of thirty years from the passing of this act. Jones,
Sect. 2. And be it further enacted, That this right of public ferry shall be under Ferriage, &c
the same rules and regulations that other ferries are upon the same river, and receive
the same rates for ferriage as have been heretofore received at said ferry.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
Assented to, 23d November, 1819.
JOHN CLARK, Governor.
S s2
316
FERRIES. 1819.
(No. 242.)
AN ACT
To amend An act to establish a Ferry over the river Mtamaha at Fort Barrington.
Ferriage at
Fort Barring-
ton.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the first day of January next, the proprietors of the said ferry shall
receive for short ferriage, for a man and horse, eighteen and three quarter cents j for
swimming cattle, four cents per head.
Repealing Sect. 2. And be it further enacted, That so much of the before recited act, and all
clause. ...
other acts, so far as they militate against this act, be, and the same are hereby repealed-
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 9th December, 1819.
JOHN CLARK, Governor.
;No. 243.)
AN ACT
To establish a Ferry across the Mtamaha river, at the place commmily called
Linders Ferry, and to establish the rates thereof.
A right of
ferrv esta-
blished in the
proprietors of
the land on
each side of
the river Al-
tamaha, at the
place called
lender's ferry.
Ferriage.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same y
That from and immediately after the passing of this act, the ferry across the Altamaha
river, at the place commonly called Linder's Ferry, be, and the same is hereby establish-
ed, for the term of six years, in the proprietors of the land on each side of the river ;
and the following rates for conveyance shall be received, and no more, by those that
keep said ferry: For a loaded waggon and four horses, one dollar; for an empty waggon
and four horses, seventy-five cents ; for all other four wheel carriages, seventy-five
cents ; for a cart and one horse, thirty-seven and a half cents ; for other two wheel car-
riages, fifty cents ; for a man and horse, twelve and a half cents ; for each led horse>
the same ; for foot passengers, six and a quarter cents ; for each head of hogs, sheep or
goats, two cents.
FERRIES. 1819.
317
Sect. 2. And be it further enacted by the authority aforesaid, That when the river (No. 243.)
shall be so high as to compel the person or persons keeping said ferry to go long ferry, Ferriage,
they shall receive the following rates, to wit : For a loaded waggon and four horses, four veris high
dollars ; for an empty waggon and four horses, three dollars ; and for all other four
wheel carriages, three dollars ; for a cart and one horse, one dollar and fifty cents ; for
all other two wheel carriages, two dollars ; for man and horse, one dollar ; for led horses,
twenty-five cents each ; and for every foot person, twenty-five cents.
DAVID ADAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate.
Assented to, 21st December, 1819.
JOHN CLARK, Governor.
AN ACT
To establish a Ferry across the Oconee river, at the place known as Trammel's
Ferry, in Laurens county.
(No. 244.)
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act, a public ferry be, and is hereby established
across the Oconee river, at the place formerly known as Trammel's Ferry, in the county
of Laurens, to continue for and during the term of ten years ; and that the rates now
allowed at said ferry be and remain, until altered by the Inferior Court of said county.
Sect. 2. And be it further enacted, That the legal representative of Jared Trammel,
deceased, is hereby entitled to all the proceeds and benefits arising from the use of the
ferry, landing on the north-west side of said river, for the use and benefit of the heirs
of said Trammel, deceased ; and that James Beaty, esquire, of Laurens county, or his
legal representatives, be, and they are hereby entitled to all the proceeds and benefits
arising from the use of the said ferry landing, on the south-west side of said river:
Provided, the representative of said Trammel, and the said James Beaty, esquire, shall
each give bond to the Inferior Court of said county of Laurens, in terms of the law, to
keep a sufficient flat, with good attendance.
A ferry esta-
blished across
the Oconee at
a place for-
merly called
Trammel's
Ferry.
Proceeds of
said ferry vest'
ed in the re-
presentative
of Jared Tram-
mel, cleceased 3
and in James
Beaty, Esq.
Proviso,
318
FERRIES. 1819.
(No. 244.) Sect. 3. And be it further enacted, That in case either the said James Beaty, or the
Proprietors representative of the said Trammel, or the person or persons employed by them, or
for riot duly at- either of them, shall at any time neglect to give prompt and due attention to said ferry,
tending- to said • t .' ". . . .
ferry. the proprietor thus offending, shall be liable to suit on his bond, and the recovery or
adequate damag'es by the person injured ; and the other proprietor, or person acting for
him, be at liberty to convey the person or persons thus delayed, and receive the ferriage
due therefor, any thing in this act to the contrary notwithstanding.
Provision in Sect. 4. And be it further enacted, That in case the said James Beaty, esquire, or
esse cither of
the parties the representative of the said Jared Trammel, shall refuse to accept and comply with
should refuse
to comply l ^ e P rov ^ s i° ns °f tn i s act, that the other party, by complying, shall be entitled to use
and receive the full and entire occupancy anc
or non-compliance of the other, as aforesaid.
W f th . the terms and receive the full and entire occupancy and benefit of the same, during the obstinacy
or tins set.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 21st December, 1819.
JOHN CLARK, Governor.
£ 319 ]
FEES AND SALARIES.
1814.
AN ACT (No. 245.)
To amend an act, entitled "An act to establish the fees of the harbour master* and
health officer of the ports of Savannah and St. Mary's" passed the 12th De-^
cember, 1804.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Health officer
from and after the expiration of the term for which the present incumbents have been anc j g t- Mary's
elected, the health officer of the ports of Savannah and St. Mary's shall not be entitled jfegg^^tain
to have or receive any fees whatsoever, of or from any American vessel arriving at the cases.
said ports of Savannah or St. Mary's, in any case where such vessel shall have sailed or
departed from any port or place within the limits of the state of Georgia.
Sect. 2. And be it further enacted by the authority aforesaid. That it shall not be Health officer
J ;■..». . of Savannah
necessary for the health officer to visit any vessel arriving at the port of Savannah from not bound to
t . , . , ,. r ^ • visit any vessel
any port or place within the limits ol this state. arriving there
from any place
within the
Sect. 3. And be it further enacted by the authority aforesaid, That all acts and parts state -
of acts militating against this law be, and the same are hereby repealed. clause.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate,
Assented to, 23d November, 1814.
PETER EARLY, Governor.
* See act of 1817, No, 24,7, with regard to the fees of the harbour-master and health officer of the port of
Darien.
320
FEES AND SALARIES. 1815.
(No. 246.)
AN ACT*
To amend an act, entitled cc An act to establish the salaries of the public officers of
this state for the political year one thousand eight hundred and eight, and one
thousand eight hundred and nine, and from thence until the same shall be
repealed, and for defining the fees of malicious prosecutions," passed on the 8th
December, 1806.
Salaries of the
public officers
The Governor
His secreta-
ries.
Treasurer.
Comptroller
general.
Secretary of
state.
Surveyor
general.
Secretary of
the senatg.
Clerk of the
house of rej>
preventatives.
Judges.
Attorney and
solicitors
general.
Duration of
this act.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and by the authority of the same, That the public officers
of this state shall receive as a salary or compensation for their services per annum the
following sums, that is to say : the Governor, two thousand dollars per annum j the
Secretaries of the executive department, not exceeding two, five hundred dollars each per
annum ; the Treasurer, twelve hundred dollars per annum ; the Comptroller General, six
hundred dollars per annum ; the Secretary of State, two hundred dollars per annum ; the
Surveyor General, five hundred dollars per annum ; the Secretary of the Senate, three
hundred dollars per annum ; the clerk of the House of Representatives, three hundred
dollars per annum ; the Judges of the Superior Courts, fourteen hundred dollars each
per annum ; and the Attorney and Solicitors General one hundred and fifty dollars each
per annum ; which said several sums shall be paid to the officers quarter-yearly, out of
any monies which may be in the treasury not otherwise specially appropriated.
Sect. 2. And be it further enacted, That this act shall continue and be in force until
the expiration of the political year one thousand eight hundred and seventeen, and from
thence until the same shall be repealed.
Assented to, 22d November, 1815.
BENJAMIN WHIT AKER, *
Speaker of the House of Representatives :
WILLIAM RABUN,
President of the Senate,
D. B. MITCHELL, Governor.
* See act of 1818, No, 248, increasing the fees and salaries of public officers ; also act of 1819, No. 250,
amendatory thereof, %j^ : , I
FEES AND SALARIES. 1817. 321
AN ACT (No. 24/'.)
To establish the fees for the harbourmaster and health officer for the port ofDarien,
and to allow them the same fees as are allowed the harbour master and health
officer for the ports of Savannah and St. Mary's.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act the harbour master and health officer for the Harbour mas
r ° ter and health
port of Darien, shall be allowed the same fees as are allowed by law to the harbor master officer of the
and health officer for the ports of Savannah and St. Mary's ; and to be collected in the a u owec i t j le
same manner, to wit : four cents per ton on all foreign vessels, and two cents per ton on ^^ ^ al _
all American vessels, which shall arrive at the port of Darien, which shall be in full for lowed to such
officers in
their fees. Savannah and
St, Mary's.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate. .
Assented to, 10th December, 181?,
WILLIAM RABUN, Governor.
• AN ACT * (No. 248.)
To increase the salaries of the public officers of this state.
.Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is -hereby enacted by the authority of the same,
That the public officers herein after named shall receive, as a salary or compensation for
their services, during the political years one thousand eight hundred and twenty, and
one thousand eight hundred and twenty-one, and from thence during the continuance of
this act, the following sums, that is to say : the Governor, three thousand dollars per SaIal 7 of tne
Governor.
annum ; the Treasurer, eighteen hundred dollars per annum ; the Comptroller General, Treasurer.
twelve hundred dollars per annum ; the Secretary of State, three hundred dollars per Secretary of
State.
See act of 1819, No. 250, by which this is altered and amended,
Tt
322
FEES AND SALARIES. 1818.
(No. 248.) annum ; the Surveyor General, seven hundred and fifty dollars per annum ; the Judges
Surveyor of the Superior Courts, twenty-one hundred dollars per annum ; and to the Attorney and
Judges. Solicitors General, two hundred and twenty-five dollars each per annum ; which said
Attorney and several sums shall be paid to the said officers quarter-yearly, out of any monies which
Solicitors ,
General. may be m the treasury, not otherwise specially appropriated.
Fees of clerks,
sheriffs, and
other county
officers, in-
creased 50
per cent.
Sect. 2. And be it further enacted, That from and after passing of this act the fees
of the several public officers hereafter named be, and the same are hereby increased, at
and after the rate of fifty per cent, on their original fees, heretofore established by law,
viz : clerks of the Superior and Inferior Courts, and clerks of the Court of Ordinary,
sheriffs, jailors, coroners, tax collectors, receivers of tax returns, county surveyors, con-
stables, and justices of the peace.
Repealing 1
clause.
Sect. 3. And be it further enacted, That all laws and parts of laws which may
militate against this act be, and the same are hereby repealed.
Assented to, 8th December, 1818.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives ,
MATTHEW TALBOT,
President of the Senate.
WILLIAM RABUN, Governor.
No. 249.)
AN ACT
lb establish the fees of the public officers of this state, on all grants that may be
issued for lands lately obtained from the Creek and Cherokee Indians.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Fees of public That the Surveyor General, Secretary of State, Secretaries to the executive department,
Treasurer, and Comptroller General, shall be entitled to the same fees as were heretofore
allowed them, by an act passed the eighth day of December, eighteen hundred and six,
with the addition of fifty per centum j and the Governor is hereby authorized quarter-
officers upon
grants, in-
creased 50
per cent.
mm
FEES AND SALARIES. 1818,
323
yearly to draw a warrant on the treasury in favour of the aforesaid officers, for the said (No. 249.)
several sums as they become due.
BENJAMIN WILLIAMS,
Speaker of the -House of Representatives,
MATTHEW TALBOT,
- Presvdent of the Senate,
Assented to, 19th December, 1818.
WILLIAM RABUN, Governor,
AN ACT
(No. 250.)
To alter and amend an act, entitled Jin act to increase the salaries of the public
officers of this state, passed the Sth of December, 1818.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the public officers herein after named shall receive, as a salary or compensation
for their services, during the political years one' thousand eight hundred and twenty,
and twenty-one, and from thence during the continuance of this act, the following sums,
that is to say: the Governor, three thousand dollars per annum; the Treasurer, fifteen Salary of the
hundred dollars per annum ; the Comptroller General, one thousand dollars per annum ; '-
J. l ensure.' >
the Secretary of State two hundred and fifty dollars per annum ; the Surveyor General, Comptroller.
five hundred dollars per annum; the Judges of the Superior Courts, twenty-one hun- Secretary of
State.
dred dollars each per annum ; and to the Attorney and Solicitors General, two hundred s , r
and twenty-five dollars each per annum ; which said sums shall be paid to the said neral.
officers quarter-yearly, out of any monies which may be in the treasury, not otherwise Att , i
specially appropriated. Solicitors Ge-
Sect. 2. And be it further enacted, That from and after the passage of this act, the f ees f coun-
fees of the several public officers herein after named be, and the same are hereby in- creased^ 1 ""
creased, at and after the rate of twenty-five per cent, on their original fees, heretofore percent, on
Tt 2
324
FEES AND SALARIES. 1819.
(No. 250.) established by law, previous to the first day of December, eighteen hundred and eigh-
blished pre- . teen, viz : clerks of the Superior and Inferior Courts, clerks of the Court of Ordinary,
vioas to the * J 7
law of 1818, sheriffs, receivers of tax returns, county surveyors, constables, justices of the peace.;
jailors, coroners, and tax collectors.
Repealing
clause.
Sect. 3. And be it further enacted. That all laws and parts of laws militating
against this law be, and the same are hereby repealed.
Assented to, 16th December, 1819.
DAVID ADAMS,
Speaker of the House of Representatives ,
MATTHEW TALBOT,
President of the Senate..
JOHN CLARK, Governor.
[ 325 ]
. FREE SCHOOLS.
AN ACT
To create and establish a fund for the support of Free Schools throughout this
state.
WHEREAS, it is universally acknowledged, that in all well regulated governments, Preamble,
and particularly that form of government under which we have the happiness to live,
the education of youth and the general advancement of useful knowledge, are objects
of primary importance ; and whereas, the present system of education in this state is
not well calculated for the general diffusion, and equal distribution of useful learning :
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the passage of this act, the sum of two hundred and $250,000 ap „
• • propriated to
fifty thousand dollars be, and the same is hereby set apart and appropriated for the the future
future establishment and support of free schools throughout this state : Provided, that and support of
nothing contained herein shall prevent a future legislature from repealing the whole or free sc hools.
l^roviso.
any part of the above recited law.
Sect. 2. And be it further enacted, That it shall be the duty of his excellency the Governor to
Governor, so soon as a favourable opportunity may occur, to invest the above sum in sumiVbr fit
bank or other profitable stock.* able stock.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 18th December, 1817.
WILLIAM RABUN, Governor.
* See title " Banks," act of 1819, No. 57, requiring the Governor to vest $100,000 of said fund in Darien
Bank stock. See title " Societies," act of 1818, No. 534, to incorporate the Savannah Free-school Society,
•
C 326 ]
INSPECTION OF FLOUR.
AN ACT*
To establish and regulate the Inspection of Flour.
Preamble. WHEREAS, experience has shown that the establishment of flour inspections, un-
der proper regulations, will contribute to the interest of the state :
Flour inspec-
tion establish-
ed in Savan-
nah, Augusta,
Milledgeville,
Petersburg
and Darien.
Inspectors,
how appoint-
ed.
Sect. 1 . BE J it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That there shall be one flour inspection established in the city of Savannah, one in the
city of Augusta, one in the town of Milledgeville, and one in the town of Petersburg,
and town of Darien; and that one inspector shall be appointed at each place.
Sect 2. And be it further enacted, That the Inferior Courts in the several counties
in which the places aforesaid are situated, at the first term after the passing of this act,
and annually thereafter, shall nominate and appoint a person of good repute, and who
is a skilful judge of the quality of flour, to be inspector of flour at each of the several
places before mentioned.
Vacancies, &c.
how filled.
Sect. 3. And be it further enacted by the authority aforesaid, That in case of the
death of any person so appointed, or his refusal or neglect to act, the justices of the
Inferior Courts of said counties respectively shall, as soon as conveniently may be
thereafter, meet together and appoint some other suitable person in room of the one so
dead, or refusing or neglecting to act, who shall execute the duties of his office until
* Repealed by act of 1812, No, 253,
INSPECTION OF FLOUR. 181i. . 327
the succeeding annual election; and if any of the courts shall neglect to make appoint- (No. 252.)
ments, it shall and may be lawful for the city council or corporations of the places be-
fore mentioned to appoint inspector %
Sfct 4 And be it further enacted by the authority aforesaid, That all bolted wheat Flour requir-
n , i ^ i \ r • i r i ed to be
flour and every cask thereof brought to any of the places before mentioned, tor sale or merchantable,
exportation, shall be made, by the miller or manufacturer thereof merchantable and of &c '
due fineness, and without any mixture of coarser flour, or the flour of any other grain
than wheat.
Sect. 5. And be it further enacted by the authority aforesaid, That all flour barrels Flour barrels,
J ,;■"•.' , . their size and
packed with flour, brought to any of the places before mentioned for sale or exportation, quality.
shall be well made and of good materials, twenty-seven inches in length, and tightened
with at least ten hoops, and sufficiently nailed, with the tare plainly marked on the head
thereof • and every miller or bolter shall put into a barrel the full quantity of one hun- 196 lbs. of
c- n i t ii • i -in i i r ii • flour required
dred and ninety-six pounds of flour ; and shall put into every hall barrel the lull quantity t0 be put into
of ninety-eight pounds of flour ; and if any one of them shall put a smaller quantity of ^d98 lbsT *
flour into any barrel than is directed by this act, he shall forfeit and pay for the deficiency j* 1 ev «7 hal *
of every pound under three, eight cents, arid for the deficiency of more than three, six- Penalty for
teen cents per pound, to be recovered by the person purchasing the same of the rftiller ^"qulntity.
and bolter, or procuring their wheat to be ground, bolted and packed by them, to be re-
covered by warrant before any -justice of the peace having jurisdiction thereof.
Sect. 6. And be it further enacted by the authority aforesaid, That if any person or Inspector may
repack barrels
persons shall sell or dispose of any barrel or barrels of flour, or offer the same for m- of flour which
sp'ection, with a less quantity of flour than is directed by this act, it shall and may be i n quantity, "at
lawful for the inspector, at the request of the purchaser, to unpack 1 any barrel of flour, the expense
and repack the same at the expense of the vender. &c.
Sect. 7. And be it fwther enacted, by the authority aforesaid, That any cask or barrel Flour brought
of flour, brought to any of the places before mentioned for sale or exportation, shall be p i ace s f or sa i e
submitted to the view and examination of the inspector, who shall examine the same by ' or -esportatioji
boring into the said barrels from head to head, with an instrument of not more than three mitted to the
° m \ examination of
quarter inch in diameter, to be by him provided for that purpose ; and if he shall judge the inspector,
the same well packed and merchantable, according to the directions of this act, he shall . x * t ° T w \^
plug up the hole, and brand the barrel with the name of the place at which he is inspec- regard thereto
tor, with a public brand mark, to be by him provided for that purpose, and approved of
by the said Inferior Court, city council or corporation, as the case may be ; and shall
alao mark the degree of fineness which he shall determine on inspection the said flour to
be, ■which degree shall be distinguished as follows : Superfine, Fine, Middling, and Ship
328
INSPECTION OF FLOUR. 1811.
(No. 252.) stuff; for which trouble the inspectors shall have and receive of the owner twelve and a
half cents per barrel.
#
Penalty for Sect. 8. And be it further enacted by the authority aforesaid, That if any person or
moldTbarreis, persons shall pack flour in old barrels, which have been marked and branded agreeably to
which have ^ . ^ person or persons shall forfeit and pay the sum of twentv-five dollars, one
been marked > " "
and branded na lf to the use of the informer, and the other half to the use of the miller or manufac-
under this act.
turer who has been injured by such false packing.
Manufacturers Sect. 9. And be it further enacted by the authority aforesaid, That every miller or
brand their manufacturer of flour shall brand his name on each and every barrel of flour, ground,
names on their b j ^ and ked , him
flour barrels. tr J
No inspector Sect. 10. And be it further enacted by the authority aforesaid, That no inspector shall
any flour by directly or indirectly purchase any flour by him condemned as unmerchantable, or any
ecTor^nv" 111 " otner fl° ur whatsoever, other than for his own use, under the penalty of thirty dollars for
other but for eV erv barrel by him purchased, to be recovered upon information by anv informer before
his own use. ••'".:,.-
any justice of the peace.
Inspector's Sect. 11. And be it further enacted by the authority aforesaid, That every inspector
of flour, before he enters on the duties of his office, shall take and subscribe the fol-
lowing oath, to wit: "I, A. B. do solemnly swear, or affirm, (as the case may be,) that
I will well and truly inspect all flour brought to me for inspection, that I will faithfully
repack all such as is not merchantable, and brand and mark the barrels as directed by
this act ; so help me God."
When this act Sect. 12. And be it further enacted by the authority aforesaid, That this act shall
s a opera e. ^ q j ntQ £ u jj p era tion after the expiration of six months from the passing thereof, and not
before.
Repealing Sect. 13. And be it further enacted by the authority aforesaid, That all laws and parts
of laws militating against this law shall be, and the same are hereby, repealed.
ROBERT IVERSON,
Speaker of the House of Representatives
MATTHEW TALBOT,
President of the Senate.'
Executive Department, Georgia.
Assented to, 16th December, 1811.
D. B. MITCHELL, Governor.
INSPECTION OF FLOUR. 1812. 329
AN ACT (No. 253.)
To repeal an act, entitled An act to establish and regulate the inspection of flour,
passed the IQth December, 1811.
WHEREAS, the above recited act has not been found to answer the purposes for Preamble,
which it was intended :
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, That the above recited act be, and same is hereby Repealing
« clause.
repealed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate,
Executive Department, Georgia.
Assented to, 10th December, 1812.
D. B. MITCHELL, Governor.
AN ACT (No. 254.)
To establish and regulate the inspection of Flour.
WHEREAS, experience has shown that the establishment of flour inspections, under Preamble,
proper regulations, will advance and promote the interest of this state :
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the Flour inspeo
same, That there shall be a flour inspection established in the town of Petersburg and nah, Augusta,
to 1 jt anf l Peters-
cities of Augusta and Savannah.* burg.
Sect. 2. And be it further enacted by the authority aforesaid, That the Inferior Courts inspectors,
in the several counties aforesaid, at the first term of said courts after the passing of this ec j,
act, and biennially thereafter, shall appoint one person, of good repute, and a skilful judge
A flour inspection established in Darien by act of 1815, No, 255,
Uu
330
INSPECTION OF FLOUR. 1814.
(No. 254.) of the quality of flour, to be inspector of flour at the before mentioned places : that is to
* say, the Inferior Court of the county of Elbert, shall appoint one inspector for the town of
Petersburg ; the Inferior Court for the county of Richmond, one inspector for the city of
Augusta; and the Inferior Court for the county of Chatham, one for the city of Savannah.
Vacancies,
how filled.
Sect. 3. Be it further enacted by the authority aforesaid, That in case of the death
of any person so appointed, or in the event of his refusing or neglecting to act, the jus-
tices of the Inferior Court of said county shall, as soon as conveniently may be there-
after, meet and appoint some other suitable person to fill such vacancy, who shall exe-
cute the duties of inspector until the succeeding election ; and if the Inferior Court
shall neglect to make appointments, it shall and may be lawful for the city council, or
corporation of the before mentioned counties, to appoint an inspector.
Flour requir-
ed to be mer-
chantable, &c.
Sect. 4. Be it further enacted by the authority aforesaid, That all bolted wheat
flour, and every cask thereof, brought to the places before mentioned for sale or expor-
tation, shall be made by -the miller or manufacturer thereof merchantable and of due
fineness, and without mixture of coarser flour, or the flour of any other grain than
wheat.
Quality, size, Sect. 5. * Be it further enacted by the authority aforesaid, That all flour barrels
&c. o our p ac ]j ec i w ith flour, brought to the before mentioned places for sale or exportation, shall
be well made and of good materials, twenty-seven inches in length, tightened with at
V least ten hoops, and sufficiently nailed, with the tare plainly marked on the head there-
Quantity of of; and every miller or bolter shall put into a barrel the full quantity of one hundred
flour required \ , i
in each barrel and ninety-six pounds of flour, and shall put into every half barrel the full quantity of
re ] ' " ninety-eight pounds of flour ; and on failure thereof shall forfeit and pay the sum of
four dollars, to be recovered by any informer, before any justice having jurisdiction
thereof; one half of which shall belong to the informer, and the other half to the
county.
inspector
I
Sect. 6. Be it further enacted by the authority aforesaid, That all barrels or casks
of flour brought to the places aforesaid for exportation, shall be submitted to the view
Duties of the and examination of the inspector, who shall expeditiously inspect the same, by boring
into the barrel from head to head with an instrument of not more than three quarters
of an inch in diameter, to be by him provided for that purpose, and if he shall judge
the same well packed and merchantable, according to the directions of this act, he sh#ll
plug up the hole, and brand the barrel with the name of the place at which he shall be
inspector, with a public brand mark to be by him provided for that purpose, and ap-
proved of by the Inferior Court, city council or corporation, as the case may be ; and
shall also mark the degree of fineness which he shall determine the flour to be on in-
INSPECTION OF FLOUR. 1814. 33 1
spection ; which degree shall be distinguished as follows : Superfine, Fine, Middling, and (No. 254.)
Ship stuff; for which trouble the inspector shall have and receive from the owner six
and a quarter cents per barrel.
Sect. 7. Be it further enacted by the authority aforesaid, That if any person or per- Penalty for
sons shall pack flour in old barrels, which have been marked and branded agreeably to
this act, and which shall still have the brand of the inspector thereon, such person or
which have
been marked
persons shall forfeit and pa\- the sum of twenty dollars, to be recovered by any in- and branded
. - . . agreeably to
former, before any justice of the peace having jurisdiction thereof, one half of which this act.
shall belong to* the informer, and the other half to the miller or manufacturer who has
been injured by such false packing.
Sect. 8. And be it further enacted by the authority aforesaid, That it shall not be No inspector
,., ..... nii« shall purchase
lawful for any inspector, directly or indirectly, to purchase any flour by him condemned any flour con-
as unmerchantable, or any other flour whatsoever, other than for his own and family hhiTas unmer-
use and consumption, under the penalty of thirty dollars for every barrel by him pur- chantable, or
chased, to be recovered, upon information by any informer, before any justice of the for his own
peace having jurisdiction thereof; one half of which shall belong to the informer, and .
the other half to the county.
Sect. 9. And be it further enacted by the authority aforesaid, That if any person Penalty for
shall export from the places aforesaid any flour, without inspection as aforesaid, he, she fl our f ron \
or they shall forfeit and pay the sum of ten dollars for each barrel of flour so exported, sa . 1( i places
to be recovered, upon information by any informer, before any justice of the peace hav- spection.
ing jurisdiction thereof, one half of which shall belong to the informer, and the other
half to the inspector.
Sect. 10. Be it further enacted by the authority aforesaid, That every inspector,
before he enters on the duties of his office, shall take and subscribe the following oath,
to wit: I, A. B. do solemnly swear, (or affirm, as the case may be,) that I will well and Oath of each
-" inspector*
truly inspect all flour brought to me for inspection, that I will faithfullv brand and
mark the barrels as directed by this act ; so help me God.
SecT. 11. Be it further enacted by the authority aforesaid, That the said inspector Inspector in-
dictable for
shall be liable to indictment for any neglect of duty, and upon conviction thereof shall neglect of
forfeit and pay a sum not less than thirty dollars.
duty,
Sect. 12. Be it further enacted by the authority aforesaid. That it shall not be law- Owners, &c
J J . of boats m
ful for any owner or patroon of any boat in the city of Augusta, to receive on board Augusta shall
U u2
332 INSPECTION OF FLOUR. 1814.
(No. 254.) his or their boat any barrel of flour, to be carried to Savannah, that shall not have been
not receive on i nS p ec ted, marked and branded as aforesaid ; and any owner or patroon aforesaid, who
same any bar- shall violate this law., shall be liable to an indictment, and upon conviction thereof shall
relofflourto • .
be carried to be fined in a sum not exceeding one hundred dollars.
Savannab,
■which has not been inspected, &c.
When this Sect. 13. And be it further enacted by the authority aforesaid, That this law shall
law shall ope- , • r i r i ...-. i r- i • i r
ra t e . go into operation trom and alter the expiration ol six months from the passing thereol,
and not before.
Repealing Sect. 14. And belt further enacted by the authority aforesaid* That all laws and
clause. J m J
parts of laws militating against this act be, and the same are hereby repealed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives ,
JARED IRWIN,
President of the Senate, pro tempore^
Assented to, 22d November, 1814.
PETER EARLY, Governor.
; No. 255.) AN ACT
To establish a Flour inspection in the town of Darien, in the county of M c Intosh.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is enacted by the authority of the same, That
Flour inspec- there shall be a flour inspection established in the town of Darien, in the county of M c In-
tion establish-
ed in Darien. tosh, under the same rules, regulations and restrictions as are prescribed for other flour
inspections in this state, by an act, entitled " An act to establish and regulate the inspection
of flour," passed on the22d November, 1814; and all and every person or persons vio-
lating the provisions of the aforesaid act, at Darien, shall be subject to all the pains and
penalties therein expressed for the town of Petersburg and cities of Augusta and Sa-
vannah.
Inspector, Sect. 2. And be it further enacted, That the Inferior Court of the county of M c In-
how ap- . . .'..*.
pointed. tosh, or a majority of them, shall, at their first term after the passage of this act, and
biennially thereafter, appoint one person of good repute, and a skilful judge of the quality
of flour, to be inspector of flour in the town of Darien, in the county of M c Intosh.
INSPECTION OF FLOUR. 1815. 333
Sect. 3. And be it further enacted, That until the first term of the said Inferior Court, (No. 255.)
the commissioners of the town of Darien, or a majority of them, shall appoint some fit A^P ^
and proper person to act as flour inspector for the town of Darien, until the meeting of be appointed
the said court, and until the said court shall have made such appointments, which shall m issioners f
be at some one term of the said court, and biennially thereafter ; and in case a vacancy ^ °T°J
shall happen, by death, resignation, refusal to serve or otherwise, the commissioners as how filled
aforesaid, or a majority of them, shall be, and they are hereby authorized and required
to fill such vacancy ; and the person so appointed shall continue to act until the term for
which his predecessor was appointed shall have expired : Provided nevertheless, that no Proviso
inspector shall be appointed for a longer term than two years.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate,
Assented to, 8th December, 1815.
D, B. MITCHELL, Governor,
[ 334 ]
INSPECTION OF TOBACCO
AN ACT
To regulate the inspection of Tobacco in this state.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Tobacco in- That from and after the first day of January next, it shall not be lawful for any inspector
to burn any °f tobacco in this state to burn or cause to be burned any tobacco, in pursuance of any
law heretofore passed in this state.
tobacco.
Duty of tobac- Sect. 2. And be it further enacted, That from and after the first day of January next,
it shall be the duty of the inspectors of tobacco within this state to inspect any hogs-
head or hogsheads, cask or casks of tobacco, brought to the warehouse at which they are
already or may hereafter be appointed inspector or inspectors ; to inspect every such
hogshead or hogsheads, cask or casks of tobacqo so brought to the respective ware-
houses at which they were, or may hereafter be, appointed to inspect ; to inspect all and
every such hogshead or hogsheads, cask or casks of tobacco; brought to the respective
How the warehouses within this state for inspection, by qualities ; to wit, first, second, third, and
tobacco shall fourth qualities; which qualities shall be fairly expressed in the face of the receipt or
e esignate . man jf est w hi c h shall be given by the inspector who may inspect such tobacco.
Quality of the Sect. 3. And be it further enacted, That it shall be the duty of the inspectors afore-
mai-ked on the said. respectively, at or before the issuing such receipt or manifest, fairly and plainly to
r ea , ° eacn mark or stamp on each head of each hogshead or cask so to be inspected as aforesaid, the
head inspect- quality of the tobacco contained in such hogshead or cask ; and it shall also be the duty
of the said inspectors fairly and plainly to mark or stamp on each hogshead or cask as
INSPECTION OF TOBACCO. 1815. 335
aforesaid, the iftimber, tare and nett weight, together with the initials of the name of the (No. 256.)
owner.
Sect. 4. And be it further enacted, That before any inspector of tobacco shall proceed
to inspect tobacco in pursuance of this act, they shall respectively take and subscribe the
following oath or affirmation, to wit : " I, A. B. do solemnly swear or affirm, that I will Oath of tobac-
. „ . . . it i 11 1 1 co .inspectors,
diligently and carefully view, examine and inspect all tobacco brought to the warehouse
whereof I am appointed inspector, according to quality, and that not separate and apart
from, but in presence of my fellow, and I will not change, alter or give out any tobacco
other than such hogsheads or casks for which the receipt to be taken was given, but that
I will in all things well and faithfully discharge my duty in the office of an inspector, to
the best of my skill and judgment, according to the directions of this act, without fear,
favour, affection or the hope of reward, malice or partiality ; so help me God."
Sect. 5. And be it further enacted, That the proprietor of each warehouse shall be, and Storage of
he is hereby entitled to demand and receive the sum of fifty cents for the storage of each
hogshead of tobacco inspected at his warehouse : Provided, the said tobacco does not lay Proviso,
longer in such warehouse than twelve months ; and for every month after, the proprietor
or owner of such tobacco shall pay at the rate of twelve and a half cents per month ;
which duty or storage shall be paid to the several inspectors before the same be removed
from the said warehouse, who shall be answerable to the owner or proprietor thereof for
the full amount of such storage by them received.
Sect. 6. And be it further enacted, That all laws or parts of laws heretofore passed in Repealing
this state, militating against this act, be, and the same are hereby repealed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
• President of the Senate-*
Assented to, 30th November, 1815,
D, B. MITCHELL, Governor,
1814.
[ 336 ]
INTEREST.
(No. 257.)
AN ACT
To establish an uniform mode of calculating Interest in this state, and to prevent
the collection of Compound Interest.
Preamble. WHEREAS, it is just and equitable that there shall be an uniform and definite mode
practised throughout the state, for calculating interest :
Mode of cal-
culating in-
terest in this
state.
Proviso.
Sect. 1. BE it enacted therefore by the Senate and House of Representatives of the'
state of Georgia, in General Assembly met, and it is enacted by the authority of the same,
That in future the mode of calculating interest in this state shall be at and after the
rate of eight per cent, per annum ; and whenever any payment shall be made on any
note, bond, or other instrument, demand, execution, or judgment, where any interest
has accrued on any such note, bond, or other instrument, execution, or judgment, such
payment shall, in the first place, be applied to the discharge of interest due ; and no part
of the principal shall be considered as discharged until the interest shall have been first
extinguished ; Provided nevertheless, that in^all cases where the payment made shall
not be sufficient to discharge all the interest due at the time of payment, no interest
shall, at any future payment, be calculated on the balance of interest which was left
unpaid.
No part of a Sect. 2. And be it further enacted, That in all cases where judgments may hereafter
ihaii'draw in- De obtained, all such judgments shall be entered up for the principal sum due with the
INTEREST. 1814,
337
interest, but no part of such judgment shall bear interest, except the principal which (No. 257.)
may be due on the original debt, any law, usage, custom or practice to the contrary pSpSd^
•j.1- j* ~ * on the original ,
notwithstanding. debt &
BENJAMIN WHITAKER, <
Speaker of the House of Representatives.
WILLIAM RABUN,
• ■ President of the Senate,
Assented to, 23d November, 1814,
PETER EARLY, Governor
X x
■
[ 338 ]
JOINT OBLIGORS
1818.
(No.- 258.) AN ACT
9
Pointing out the mode of collecting a certain description of debts therein mentioned.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same.
That from and immediately after the passing of this act, where any person shall be in
possession, (either in his own right, or in any other capacity,) of any note, bill, bond, or
other obligation in writing, signed by two or more persons, and one or more of the per-
sons, whose names are signed as aforesaid, shall die before the payment of the money,
or the compliance with the condition of such bond or other obligation in writing, the
person or persons holding such note, bill, bond, or other obligation in writing, shall not
be compelled, as heretofore, to sue the survivor or survivors alone, but may, at his, her
or their discretion, sue the survivor or survivors, or the representatives of such deceas-
ed person or persons, or the survivor or survivors, in the same action with the repre-
sentative or representatives of such deceased person or persons, any law, usage or cus-
tom to the contrary notwithstanding : Provided, nothing in this act shall be so construed
as to authorize the bringing of any action, of any kind whatever, against the representa-
tive or representatives of any estate or estates, until twelve months after the probate of
the will, or the granting of letters of administration on such estate or estates.
Any person
holding a note,
bill, &c. sign-
ed by two or
more persons,
and one or
more of them
die, shall not
be compelled
to sue the sur-
vivors alone ;
but may sue
the survivor
or the repre-
sentatives of
such deceased
person, or the
survivor with
the represen-
tatives, at his
option.
Proviso.
Repealing
clause.
Sect. 2. And be it further enacted, Thar all laws or parts of laws militating against
this act be, and the same are hereby repealed.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate
Assented to, 19th December, 1818.
WILLIAM RABUN, Governor
[ 339 ]
JUDICIARY LAWS.
(TIMES OF HOLDING COURTS.
AN ACT*
To alter the time of the sitting of the Superior Courts in the county of Wayne.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act, the Superior Courts in the said county of Time of hold-
_..--.' , r V- ' „• •';_," . . - ing the Supe-
Wayne shall be holden on the Thursday next before the first Monday in March, in the r i or Courts in
spring circuit, and on the Thursday next before the fourth Monday in October, in the a i t gi"^ COun y
fall circuit.
Sect. 2. And be it further enacted, That, all writs and processes, returnable to the All writs, &c.
next term of the said Superior Court as now by law established, which may have been tne nex t term
issued, or which shall be issued before the first day of January next, shall not be liable ^^ ^ave '
to any exception for error in the return thereof; but the same shall stand over and be *? een , is , s . ued '
CCC* Stl3.Il StcUlCZ
over to the
time by this
ict pointed out for holding 1 said court,
acted upon, at the period herein pointed out for holding the said court.
Sect. 3. And be it further enacted, That all jurors, parties, witnesses, and other per- jurors, par-
sons who may have been, or shall be summoned before the said first day of January q U i re d to at-
next, to attend at the next term of the said Superior Court as now by law established, *. e ^ e {^J^
pointed out
for said court,
* See act of 1819, No. 282. (As that act fixes the times of holding the Superior and Inferior Courts
throughout the state, I shall make no reference to the previous acts on the subject, Comfilbb.)
A X 2
340 JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1811
(No. 259.) shall be, and they are hereby required to attend at the period herein pointed out for
holding the said court, any thing in any law, or in the precepts to them directed, to the
contrary notwithstanding.
ROBERT IVERSON,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate,
Executive Department, Georgia.
Assented to, 29th November, 18il.
D. B. MITCHELL, Governor.
(No. 260.) AN ACT
To alter the time of holding the Superior and Inferior Courts for the county of
Wilkes.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state
Times of hold- of Georgia, in General Assembly met, and by the authority of the same, That after the
rior and lnfe- mon1 - n °f January next, the Superior Courts in the county of Wilkes shall be held on
\Ani C0Ur i tS ° f l ^ e ^ rst Monday in June and January ; and the Inferior Courts of the said county shall
ed. be held on the fourth Monday in March and on the first Monday in August in each
year.
Suitors, jurors Sect. 2. And be it further enacted, That all suitors, jurors or witnesses, heretofore
required to at- summoned, or that may hereafter be summoned, cited, or otherwise required by the
tend at the proper authority, before the expiration of the time allowed to serve any precept or pre-
prescribed. cepts, made returnable to Wilkes Inferior Court, March term, 1812, shall be transmit-
ted and turned over to the said Inferior Court, so to be held on the fourth Monday in
March next, to be acted upon in the same way as if such suitors, jurors or witnesses
had been cited or summoned thereunto.
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1811, 341
Sect. 3. And be it further enacted, That all laws or parts of laws heretofore passed on (No. 260.)
this subject, militating against this act, be, and the same are hereby repealed. Repealing
ROBERT IVERSON,
• Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Executive Department, Georgia.
Assented to, 13th^December, 1811.
D. B. MITCHELL, Governor.
•
AN ACT (No. 261*.)
To alter the time of holding the Inferior Court in the county of Pulaski.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That hereafter the Time of hold-
Inferior Court of the county of Pulaski shall be holden on the third Monday in January rior Court of
Pulciski
and July, and that all jurors drawn for, and all writs or other proceedings made return- changed.
able to the heretofore regular term of said court, shall stand over and be considered as
returnable to the term of said court as herein specified.
Sect. 2. And be it further enacted, That all laws or parts of laws militating against Repealing
1 , clause.
this act be, and the same are hereby repealed.
• ROBERT IVERSON,
. Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Executive Department, Georgia.
Assented to, 13th December, 1811.
D. B. MITCHELL, Governor.
*
s4 2 JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1811,
(No. 262.) AN ACT
To alter and change the time of holding the Superior Courts in the county oj
Hancock,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state oj
Time of hold- Georgia, in General Assembly met, and by the authority of the same, That from and after
rior Courts in the passing of this act the Superior Courts to be held for the county of Hancock, shall
clawed commence on the first Monday in February and August, instead of the third Mondays
in said months, annually.
Writs, &c. to Sect. 2. And be it further enacted, That all writs and other processes heretofore
be acted upon . . ■'•
at the time issued, or which may issue, shall be returned and tried on the said first Monday in
scribed, February and August, in the same manner they would otherwise have been, had not the
times for holding said courts been altered and changed by this act.
Jurors, &c. Sect. 3. And be it further enacted, That all jurors, witnesses, parties to suits, or other
required to ,
attend at the persons whatsoever concerned, shall give their attendance on the aforesaid first Monday
tered, * n February and August, as punctually as if thereto summoned, any law or usage to the
contrary notwithstanding.
ROBERT IVERSON,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate.
Executive Department, Georgia.
Assented to, 13th December, 1811- ♦
D, B. MITCHELL, Governor.
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) isii. 343
AN ACT ( No . 263.)
To authorize the Judge of the Superior Courts of the Western District to hold an
extra session in the county of Lincoln.
WHEREAS, there was a failure in the Superior Court, which should have been holden Preamble,
in and for Lincoln county in October last, occasioned by the clerk of the said court re-
fusing to qualify j and whereas, inconveniences are likely to result therefrom : for reme-
dy whereof,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the judge of the Superior Courts of the western district be, and he is hereby An extra sea
' " . i sion of the
authorized and empowered to hold a court in and for said county of Lincoln, on the Superior
second Monday in January next, and that all officers of said court, jurors and witnesses co i n coun ty
be required to attend, under the same penalties and the like restrictions as if the said auttlorizecl
court had been holden at the period heretofore pointed out by law for holding said
court.
*Sect. 2. And be it further enacted by the authority aforesaid, That the jury drawn The jury
to serve at the court which should have been holden in and for said county of Lincoln in re gular term
October last, be considered, held and taken as the jury for the term to be holden in pur- ^ | extra^ -^
suance of this act, they being summoned to attend at least ten days prior to the sitting session,
thereof.
Sect. 3. And be it further enacted by the authority aforesaid, That all witnesses, and Witnesses,^
, , , , , ... , bound to at-
every other person or persons, who were bound by recognisance or otherwise to attend ten( j at t h e
the court which should have been holden in said county of Lincoln in October last, and re g u | ar t e J m «
' ' required to
who shall not have been discharged by due course of law, be, and they are hereby re- attend at the
. - . extra session,
quired, under the same penalties, to attend the court which shall be holden in pursuance
of this act.
ROBERT IVERSON,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate,
Executive Department, Georgia,
ill,
D. B, MITCHELL, Governor,
Assented to, 13th December, 1811
344
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1813.
(No. 264.)
AN ACT
To authorize the Judge of the Superior Courts of the Middle Circuit to hold an
extra session in the county of Washington.
<
Preamble. WHEREAS, there was a. failure of the Superior Court which should have been holden
in and for Washington county, on the first Monday in November, instant ; and whereas,
inconveniences are likely to result therefrom : for remedy whereof,
An extra ses-
sion of the
Superior
Court in the
county of
Washington
authorized.
Sect'. 1. BE it enacted by the Senate and House of Representatives of Georgia, in
General Assembly met, and it is hereby enacted by the authority of the same, That the
judge of the Superior Courts for the middle circuit be, and he is hereby authorized
and empowered to hold, in and for the said county of Washington, a court on the second
Monday in January next ; and that all officers of said court, jurors and witnesses, be
required to attend, under the same penalties and like restrictions as if said court had
been holden at the period heretofore pointed out by law for the holding of said court.
The jury Sect. 2. And be it further enacted by the authority aforesaid, That the jury drawn
regular term to serve at the court which should have been holden for said county of Washington, £>n
shall serve at t ^ e £ rst Monday in November instant, be considered, held and taken as the jury for
sion. the term to be holden in pursuance of this Uct.
1'ersonsbound Sect. 3. And be it further enacted by the authority of the same, That all and every
the 1 regular person and persons, who were bound, by recognisance or otherwise^ to attend the court
term, requir- wn i cn should have been holden in Washington county, on the first Monday in Novem-
said extra ses- ber instant, and who shall not have been discharged by due course of law, be, and they
sion. . . • '
are hereby required, under the same penalties, to attend the court which shall be holden
in pursuance of this act.
BENJAMIN WHITAKER,
Speaker of the House of Representatives .
WILLIAM RABUN,
President of the Senate.
Assented to, 30th November, 1813.
PETER EARLY, Governor.
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1813, 345
AN ACT (No. 265.)
To authorize the Judge of the Ocmulgee district to hold an extra session in the
county of Baldwin.
WHEREAS, there was a failure of the Superior Court which should have been Preamble,
holden in and for the county of Baldwin, on the third Monday in September last ; and
whereas, inconveniences are likely to result therefrom : for remedy whereof,
Sect. 1. BE if enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority oj the same, sionofthe
That the judge of the Superior Court of the Ocmulgee circuit be, and he is hereby au- court hi Bald-
thorized and empowered to hold a court in and for the said countv of Baldwin, on the win , count y
* *■ ■ . auihonzed.
fourth Monday in January next, and that all officers of said court, jurors and witnesses, Officers, &c.
be required to attend, under the same penalties, and under the like restrictions, as if the tendthereat.
said court had been holden on the third Monday in September last.
Sect. 2. And be it further enacted by the authority aforesaid, That the jury drawn to Jury drawn
serve at the court which should have been holden in and for the said county of Baldwin, j ar court, shall
on the third Monday in September last, be considered, held and taken as the jury for **™* ^stion
the term to be holden in pursuance of this act.
Sect. 3. And be it further enacted by the authority aforesaid, That all and every Personsbound
person and persons, who were bound, by recognisance or otherwise, to attend the court & *c e or other-
which should have been holden in Baldwin county, on the third Monday in September ^the renter
last, and who shall not have been discharged bv a due course of law, be, and thev are term > shall at-
. ° J ' ' ' J tend at said
hereby required, under the same penalties, to attend the court which shall be holden in extra session.
pursuance of this act.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
, President of the Senate.
Assented to, 6th December, 1813.
PETER EARLY, Governor,
Yy
346 JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1913.
(No. 266.) AN ACT
To alter the time of holding the Superior Courts for the county of Wilkes, and
alloiving the entering of Appeals, as pointed out by this act;
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Time of hold- Georgia, in General Assembly met, and by the authority of the same, That from and after
ing the Supe- tne p assm g f tn i s act? t h e Superior Courts to be held for the county of Wilkes shall
the county of be on the third Monday in January and the first Monday in June, in each year, any law
ed. to the contrary notwithstanding.
Writs, &c. to Sect. 2. And be it further enacted, That all writs and processes heretofore issued,
the time here- or which may issue, shall be returned and tried on the third Monday in January and
m prescribed. t j ie £ rgt ]\j onc [ a y { n June, in the same manner they would otherwise have been, had not
the times for holding said courts been altered and changed by this act.
All jurors, &c. Sect. 3. And be it further enacted, That all jurors,' witnesses, parties to suits, or other
attentat the P erson s whatsoever concerned, shall give their attendance on the aforesaid third Mon-
time as alter- day in January and first Monday in June, as punctually as if thereto summoned, any
law or usage to the contrary notwithstanding.
When there Sect. A.' And be it further enacted, That in all cases, in any of the counties of this
has been a state, where a failure to hold adjourned courts may have prevented persons entitled to
an adjourned an a ppeal from the benefit of said appeal, the court, at their next regular session there-
court, appeals .
may be enter- after, shall allow said persons to appeal in manner and form as they would have been
regular ses- entitled to appeal at said adjourned courts, any .law, usage or custom to the contrary
SIOn * notwithstanding,
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 6th December, 1813.
• PETER EARLY, Governor.
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1814. 347
AN ACT (No. 267.)
To alter the times of holding the Superior Courts of the Middle Circuit in this
state.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia* in General Assembly met^ and it is hereby enacted by the authority of the same. Times of hold
5 . ' J ; J \ . . ' in S t,ie Supe-
That from and after the end of the present circuit of the Superior Courts in the Middle rior Courts in
Circuit of this state, the said Superior Courts shall be holden as follows : circuit altered,
SPRING CIRCUIT.
On the third Monday in February, in the county of Jefferson ; on the fourth Monday Spring-
. T . Circuit,
in February, in the county of Warren ; on the first Monday in March, in the county of
Columbia ; on the second Monday in March, in the county of Scriven ; on the third
Monday in March,- in the county of Burke ; on the fourth Monday in March, in the
county of Washington ; on the Monday thereafter, in the county of Montgomery ; on
the Monday, thereafter, in the county of Tatnall ; on the Monday thereafter, in the
county of Emanuel ; and on the fourth Monday in May, in the county of Richmond,
•
FALL CIRCUIT.
On the third Monday in August, in the county of Jefferson ; on the fourth Monday Fall Circuit,
in August, in the county of Warren ; on the first Monday in September, in the county
of Columbia ; on the second Monday in September, in the county of Scriven ; on the
third Monday in September, in the county of Burke ; on the fourth Monday in Sep-
tember, in the county of Washington*; on the Monday thereafter, in the county of
Montgomery ; on the Monday thereafter, in the county of Tatnall ; on the Friday there-
after, in the county of Emanuel ; and on the second Monday in January, in the county of
Richmond.
Sect. 2. And be it further enacted by the authority aforesaid, That all writs, suits, All writs, &c.
, -it , 1 • i-i i , 1 made return-
recognisances, together with other matters and things which may have been made return- a b| e to t h e
able to the days heretofore appointed for holding the said courts, shall be made return- tereTbv this
able as herein pointed out, any law, usage or custom to the contrary notwithstanding. act
• ■
Y Y 2
348 JUDICIARY LAWS. (TIMES OF HOLDING COURTS. ) 1814.
(No. 267.) Sect. 3. And be it further enacted by the authority of the same. That all laws or part;s
Repealing of laws militating against this act be, and the same are hereby repealed.
clause.
BENJAMIN WHITAKER,
■ Speaker of the House of Representatives,
JARED IRWIN,
President of the Senate, pro tern.
Assented to, 9th November, 1814.
PETER EARLY, Governor.
(No. 268.) AN ACT
To alter the time of holding the Superior Courts in the county of Lincoln.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
rime of hold- Georgia, in General Assembly met, That from and after the passage of this act, the Superior
ing- the Supe-
rior Court in Courts of Lincoln county shall be held on the second Monday in January and last Mon-
Lincoln coun- ,.-»». - , i • , ,.
ty altered. day in May, in every year, any law to the contrary notwithstanding.
All writs, &c. Sect. 2. And be it further enacted, That all Avrits and precepts heretofore issued, or
upon 'at the* which may hereafter issue, shall be returned and tried on the second Monday in January
nointeofout 1 anc * * ast Monday in May, in the same manner they would otherwise have been, had not
the time for holding said courts been altered and changed by this act.
BENJAMIN WHITAKER,
Speaker of the House "of Representatives. .
JARED IRWIN,
President of the Senate, pro tern.
Assented to, 23d November, 1814.
PETER EARLY, Governor.
•
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1815. 349
AN ACT (No. 269.)
To alter the times of holding the Superior Courts in the Middle and Eastern Cir-
cuits of this state, and the Western Circuit, so far as respects the county of Lin-
coln. ' +
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Times of hold-
' , •' ing courts in
Georgia, in General Assembly met, and it is hereby enacted fry the authority of the same, the Middle
That from and after the expiration of the present circuit of the Superior Courts in the cuit p rescr i_"
Middle Circuit of this state, the said Superior Courts shall be holden as follows : bedt
SPRING CIRCUIT.
On the fourth Monday in March, in the county of Columbia ; on the first Monday in Spring-
April, in the county of Warren ; on the second Monday in April, in the county of Jef-
ferson ; on the third Monday in April, in the county of Washington ; on the fourth
Monday in April, in the county of Montgomery ; on the Monday thereafter, in the
county of Tatnall ; on the Monday thereafter, in the county of Emanuel ; on the Mon-
day thereafter, in the county of Scriven ; on the fourth Monday in May, in the county
of Burke ; and on the first Monday in June, in the county of Richmond.
FALL CIRCUIT.
On the last Monday in September, in the county of Warren; on the first Tuesday Fall Cn-cuit
next after the first Monday in October, in the county of Columbia ; on the third Mon-
day in October, in the county of Richmond ; on the second Monday in November, in
the county of Jefferson ; on the third Monday in November, in the county of Washing-
ton ; on the fourth Monday in November, in the county of Montgomery ; on the Mon-
day thereafter, in the county of Tatnall ; on the Friday thereafter, in the county of
Emanuel'; on the second Monday in December, in the county of Scriven : and on the
third Monday in December, in the county of Burke.
Sect. 2. And be it further enacted by the authority aforesaid, That from and after
the expiration of the present circuit of the Superior Courts in the Eastern Circuit of this
state, the said Superior Courts shall be holden as follows ;
350
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1815.
(No. 269.)
Spring
Circuit.
SPRING CIRCUIT.
On the third Monday in March, in Camden ; on the Friday thereafter, in Wayne ;
on the Monday thereafter, in Glynn; on the Monday thereafter, in M c Intosh ; on the
Monday thereafter, in Liberty ; on the Thursday thereafter, in Bryan ; on the Monday
thereafter in Bulloch ; on the Thursday thereafter, in Effingham ; and in Chatham, on
th^ fourth Monday in May.
FALL CIRCUIT.
Fall Circuit. On the last Monday in October, in Camden ; on the Friday thereafter, in W T ayne ; oil
the Monday thereafter, in Glynn ; on the.Monday thereafter, in M c Intosh ; on the Mon-
day thereafter, in Liberty ; on the Thursday thereafter, in Bryan ; on the Monday there-
after, in Bulloch ; on the Thursday thereafter, in Effingham ; and in Chatham, on the first
Monday in January.
Times of hold- Sect. 3. And be it further enacted by the authority aforesaid, That from and after
rior Courts in the passing of this act, the time of holding the Superior Courts in Lincoln county shall
county 1 be the fourth Monday in April and October in every year, any law to the contrary not-
withstanding.
All writs, &c.
shall be con-
sidered re-
turnable to
the court
terms pre-
scribed in
this act.
Sect. 4. And be it further enacted by the authority aforesaid, That all writs, bills,
suits, \ecognisances, executions, and all other matters and things which have been made
returnable to the days or periods heretofore appointed for holding said. courts, shall be
considered, held and taken as returnable to the times herein pointed out for holding
courts in the respective counties aforesaid, any law, usage or custom to the contrary
notwithstanding.
Sect. 5. And be it further enacted by the authority aforesaid. That all laws or parts of
laws militating against this act be, and the same are hereby repealed.
Assented to, 12th December, 1815,
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
D. B. MITCHELL, Governor.
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1815.
351
AN ACT
(No. 270.)
To repeal the fourth section of Jin act to alter the time of holding the Superior
Courts in three several circuits in this state, passed the 1 5th day of December,
1809, so far as relates to the Western and Middle Circuits.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in. General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the first day of January next, said fourth section of the
before recited act be, and the same is hereby repealed, so far as the same relates to the
Western and Middle Circuits.
. BENJAMIN WJHITAKER,
Speaker of the House of Representatives .
WILLIAM RABUN,
President of the Senate.
Assented-to, 16th December, 1815.
After the first
of January-
next the
fourth section
of the recited
act repealed,
so far as it re-
lates to the
Western and
Middle Cxr-
cuits.
D. B. MITCHELL, Governor.
AN ACT (No. 271.)
_ To change the times of holding the Inferior Courts in the county of Jasper.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That immediately from and after the passing of this act, the times of holding the Inferior Times of hold-
Courts in the county of Jasper shall be on the second Mondays in May and October in r "^. courts 6 "
each year. in J as P er
J county.
Sect. 2. And be it further enacted, That the jurors^ and witnesses summoned to ap- Jurors, &c.
pear before such courts, and all writs and recognisances returnable on the day's upon the court
which said courts would have been held under the laws heretofore in force, shall be J*™ J ^ "
352
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1816.
writs, &c.
made return-
able thereto.
(No. 271.) returnable to the several days herein before specified for holding of the said courts in
the aforesaid county of Jasper, any law, usage or custom to the contrary notwith-
standing.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate,
Assented to, 12th December, 1816.
D. B. MITCHELL, Governor.
(No. 272.) AN ACT
To alter the times of holding the Superior Courts of the Middle Circuit, in this
state. .
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Courts of the That from and after the end of the present circuit of the Superior Courts in the-Middle
when held, Circuit of this state, the said Superior Courts shall be holden as follows :
SPRING CIRCUIT.
Spring
Circuit.
On the third Monday in February, in the county of Jefferson ; on the fourth Monday
in February, in the county of Warren ; on the first Monday in March, in the county of
Columbia ; on the second Monday in March, in the county of Scriven ; on the third
Monday of March, in the county of Burke ; on the fourth Monday in March, in the
county of Washington ; on the Monday thereafter, in the county of Montgomery ; on
the Monday thereafter, in the county-of Tatnall ; on the Monday thereafter, in, the county
of Emanuel ; and on the first Monday in June, in the county of Richmond.
FALL CIRCUIT.
Fall Circuit. On the third Monday in August, in the county of Jefferson ; on the fourth Monday
in August, in the county of Warren ; on the first Monday of September, in the county
of Columbia ; on the seconcr Monday in September, in the county of Scriven ; on the
third Monday in September, in the county of Burke ; on the fourth Monday in Septem-
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1816. 353
ber, in the county of Washington ; on the Monday thereafter, in the county of Montgo- (No. 272.)
mery ; on the Monday thereafter, in the county of Tatnall ; on the Friday thereafter, in
the county of Emanuel ; and on the second Monday in January, in the county of Rich-
mond.
Sect. 2. And be it further enacted by the authority aforesaid, That all writs, suits, Writs, &c.
recognisances, together with all other matters and things which may have been made able to the
returnable to the days heretofore appointed for holding the said courts, shall be made tim .? s ? r . e * ,..
returnable as herein pointed out, any law, usage or custom to the contrary notwith- act.
standing.
Sect. 3. And be it further enacted by the authority aforesaid, That all laws or Repealing*
parts of laws militating against this act be, and the same are hereby repealed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 18th December, 1816.
D. B. MITCHELL, Governor.
AN ACT ( No 273 j
To alter the time of holding tJw Superior and Inferior Courts in the county of
Wilkes, and the fall term of the Superior Court of the county of Madison.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, Times of hold-
That from and after the passage of this act, the Superior Courts in the county of cfunSn™
Wilkes shall be held on the third Monday in February and July, in each year ; and t Wilkes coun "
that the Inferior Courts in the said county shall be held on the second Monday in inferior
April, and on the Tuesday after the first Monday in October, in each year. J^ 18 ' when
Sect. 2. And be it further enacted, That all suitors, jurors or witnesses heretofore jurors, &c re*
summoned, or that may hereafter be summoned, cited, or otherwise required by the Staid ^
Z z
354
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1816.
(No. 273.) proper authority, before the expiration of the time allowed, to serve any precept or pre-
tered 8 ^ * " ce P ts ma de returnable to the said Superior and Inferior Courts of the said county of
Wilkes, shall be transmitted and turned over to the said Superior and Inferior Courts,
so to be held as aforesaid, to be acted upon in the same way and manner as if such
suitors or witnesses, or others concerned, had been cited or summoned thereto.
Sect. 3. And be it further enacted., That the fall term of the Superior Court of the
in each year.
Fall term of
perior Court, county of Madison shall be holden on the Thursday after the first Monday in October,
Sect. 4. And be it further enacted, That all writs, processes, precepts, &c. which
Writs, &c.
made return-
able at the would have been returned to the regular term of said courts, shall be returned to the
scribedTbove. ^ me t0 which tne courts are directed to sit by this law.
Repealing
clause.
Sect. S. And be it further enacted, That all laws or parts of laws heretofore
passed on this subject, militating against this act, be, and the same are hereby re-
pealed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate,
Assented to, 18th December, 1816.
D, B. MITCHELL, Governor.
(No. 274.)
AN ACT
To authorize an extra session of the Superior Court in the counties of Wilkin-
son and Laurens,
Preamble. WHEREAS, from indisposition of the family of the honourable Judge Strong, no
Superior Court was holden in the said counties of Wilkinson and Laurens for October
term last :
An extra ses- Sect. 1. BE it therefore enacted by the General 'Assembly of the state of Georgia,
perior Court " an d % ^ ie authority of the same, That the judge of the Superior Court for the Ocmul-
bhld t0 S ee c * rciut; * s hereby authorized and required to hold an extra session of the Superior
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1817. 355
Court in the said counties, to commence in Wilkinson on Wednesday the seventh day (No. 274.)
of January next, and in Laurens, on Monday the twelfth. Wilkinson and
J 7 J Laurens coun-
ties.
Sect. 2. And be it further enacted, That all writs, precepts and process, of any kind Writs &c. re-
or nature whatsoever, made returnable to the heretofore regular terms of said courts, the regular
shall stand over and be deemed as valid, to all intents and purposes, as if the same were ^[™| - yer .
made returnable to the terms herein before specified. be . 1 acted on at
1 , said extra ses
sions.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 3d December, 1817.
WILLIAM RABUN, Governor.
AN ACT (No . 8r5 .)
To alter the time and establish the periods for holding the several Superior Courts
of the Middle Circuit in this state.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, Middle cir-
That from and after the first day of July next, the several Superior Courts of the mid- of holding
die circuit of this state shall be holden at the periods herein stipulated. courts therein.
SPRING CIRCUIT.
On the fourth Monday in February, in the county of Columbia ; on the second Mon- Spring Cir-
day in March, in the county of Warren j on the third Monday in March, in the county cmt
of Washington ; on the fourth Monday in March, in the county of Montgomery ; on
the Thursday thereafter, in the county of Tatnall ; on the Monday thereafter, in the
county of Emanuel ; on the Monday thereafter, in the county of Scriven ; on the Mon-
day thereafter, in the county of Burke; on the Monday thereafter, in the county of Jef-
ferson; on the first Monday in June, in the county of Richmond.
Z 22
356
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1817.
(No. 275.)
AUTUMN CIRCUIT.
Autumn Cir-
cuit.
On the first Monday in September, in the county of Warren ; on the second Monday
in September, in the county of Columbia ; on the fourth Monday in September, in the
county of Jefferson ; on the second Monday in October, in the county of Washington ;
on the Monday thereafter, in the county of Montgomery ; on the Monday thereafter, in
the county of Tatnall ; on the Monday thereafter, in the county of Emanuel ; on the
Monday thereafter, in the county of Scriven ; on the Monday thereafter, in the county
of Burke ; on the second Monday in January, in the county of Richmond.
Repealing
clause.
Sect. 2. And be it further enacted by the authority aforesaid, That all acts and parts
of acts militating against this act be, and the same are hereby repealed.
Assented to, 11th December, 1817.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives
MATTHEW TALBOT,
President of the Senate,
WILLIAM RABUN, Governor.
(No. 276.)
AN ACT
To alter the time of holding the Superior and Inferior Courts in the county of
Twiggs.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Time of hold- That from and after the passage of this act, the Superior Courts in the county of Twiggs
Courts in shall be held on the first* Monday in February and August in each year ; and that the
wiggscoun- j n f er j or Courts in said county shall be held on the first Monday in May and Novem-
i?roviso. ber in each year : Provided nevertheless, That the grand and petit jurors that may be
drawn at the next adjourned term of the said Superior Court be, and they are hereby
required to serve at the next August term of said court.
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1817. 357
1 I,. ...
Sect. 2. And be it further enacted, That suitors, jurors or witnesses heretofore sum- (No. 276.)
moned, or that may hereafter be summoned, cited, or otherwise required by the proper Suito ^ s ' J u -
roioj otc» iC"
authority, before the expiration of the time allowed to serve any precept or precepts, quired to at-
• *''«*• /- ri -i rp . tend said
made returnable to said Superior and Inferior Courts of the said county of Twiggs, courts at the
shall be transmitted and turned over to the said Superior and Inferior Courts, so to be sc ribed above.
held as aforesaid, to be acted upon in the same way and manner as if such suitors or
witnesses, or others concerned, had been cited or summoned thereto.
Sect., 3. And be it further enacted, That all writs, process, &c. &c, which would Writs, &c.re-
» . ' turns thereof
have been returned to the regular term of said courts, shall be returned to the time to regulated.
which the courts are directed to sit by law.
Sect. 4. And be it further enacted, That all laws or parts of laws heretofore passed Repealing
on this subject, militating against this act, be, and the same are hereby repealed.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 18th December, 1817.
WILLIAM RABUN, Governor.
AN ACT (No. 277.)
To amend An act to organize the counties lying between the rivers Oconee and
Ocmulgee, and to form a Judicial Circuit, so far as respects the time of hold-
ing the Inferior Court in Wilkinson county.
' Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, That from and immediately after the passage of this act, the Inferior Court
. - r . . . of Wilkinson
time for holding the' Inferior Court in the county of Wilkinson, shall be on the Tues- county, when
day after the first Monday in January and July in each year, any law to the contrary
notwithstanding.
Sect. 2. And be it further enacted, That all process issuing from said court shall Return of pro-
cesses resru-
be made returnable at the aforesaid time or times of holding the same ; and all jurors i atea \
58
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1817.
(No. 277.) and witnesses summoned to attend said court, are hereby required to give their attend-
Jurors, &c. a nce at the court-house in said county, at the times herein pointed out for holding the
their attend- J °
ance required, same.
Assented to, 19th December, 1817.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
WILLIAM RABUN, Governor.
(No. 278.)
AN ACT
To alter and amend an act, entitled Jin act to alter the times of holding the Supe-
rior Courts in the Middle and Eastern Circuits of this state, so far as respects
the counties of Camden and Wayne.
Times of hold- Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
rior Courts in Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
circuiTreeu- T^ at from and after the expiration of the present circuit of the Superior Courts in the
Jated. eastern circuit of this state, the said Superior Courts shall be holden as follows j
SPRING CIRCUIT.
Spring Cir-
cuit.
On the second Thursday in March, in Wayne ; on the Monday thereafter, in Cam-
den ; on the Monday thereafter, in Glynn ; on the Monday thereafter, in M c Intosh ;
on the Monday thereafter, in Liberty; on the Thursday thereafter, in Bryan ; on the
Monday thereafter, in Bulloch ; on the Thursday thereafter, in Effingham ; and in Chat-
ham, on the fourth Monday in May.
FALL CIRCUIT.
Fall Circuit. On the Thursday before the last Monday in October, in Wayne ; on the Monday
thereafter, in Camden ; on the Monday thereafter, in Glynn ; on the Monday thereafter,
in M c Intosh ; on the Monday thereafter, in Liberty ; on the Thursday thereafter, in
Bryan ; on the Monday thereafter, in Bulloch ; on the Thursday thereafter, in Effing-
ham ; and in Chatham, on the first Monday in January.
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1817. 359
Sect. 2. And be it further enacted, That the grand and petit jurors, with all suits, (No. 278.)
iminal or civil,
tall be made re
notwithstanding.
criminal or civil, and recognisances made returnable to courts in Wayne as heretofore, Jurors, suits,
&.C in Wayne
shall be made returnable to the courts as altered by this act, any law to the contrary county.
Assented to, 19th December, 1817.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate,
WILLIAM RABUN, Governor.
Courts of EI
county
AN ACT (No. 279.)
To alter the time of holding the Inferior Courts of the county of Elbert.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the firs,t day of January, in the year eighteen hundred and eighteen, inferior
the time of holding the Inferior Court of Elbert county shall be as follows : On the first J^" 1
Monday in February and on the first Monday in July in every year ; and that all writs, when held
process and returns, which would have been legal at the first term of said court, in the writeT&c.
year eighteen hundred and eighteen, shall be held and considered legal at the next term re S ulated '
of said court, as pointed out by this act ; and that jurors and witnesses shall be bound to
attend at the first term of said court, if they have been legally summoned, as if said court
came at the usual time,
BENJAMIN WILLIAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate,
Assented to,. 19th December, 1817.
WILLIAM RABUN, Governor,
360
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1818.
(No. 280.)
AN ACT
To alter the time of holding the Inferior Courts, and the spring term of the
Superior Court of the county of Madison, and the spring term of the Inferiw
Court of the county of Wilkes.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same
Inferior Court That from and after the passing of this act, that the Inferior Courts of the county' of
county, when Madison shall be held on the Thursday- after the first Monday in February and July in
each year ; and that the spring term of the Superior Court, in said county of Madison,
of the Supe- shall be held on Thursday after the first Monday in April in each year,
rior Court.
Spring term
of the Inferior
Court of
Wilkes county
Suitors, &c.
required to
attend at the
times afore -
Said,
Sect. 2. And be it further enacted, That the spring term of the Inferior Court of the
county of Wilkes, shall be held on the first Monday in April in each year.
Sect. 3. And be it further enacted, That all suitors, jurors and witnesses heretofore
summoned, or that may hereafter be summoned, cited, or otherwise required by the pro-
per authority, before the expiration of the time allowed to serve any precept or process
or writ, made returnable to said courts of the said counties, shall be transmitted and
turned over to the said courts to be held as aforesaid, to be acted upon in the same way
and manner as if such suitors or witnesses, or others concerned, had been cited or sum-
moned thereto.
Repealing
clause.
Sect. 4. And be it further enacted, That all laws and parts of laws militating against
this law be, and the same are hereby repealed.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 15th December, 1818.
WILLIAM RABUN, Governor.
JUDICIARY LAWS. (CIRCUITS FORMED.) 1818. 35 j
AN ACT (No. 281.)
To lay off six Judicial Circuits in this state, including those already laid out.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met. and it is hereby enacted by the authority of the same, That The state laid
. ...... °ff i nto s i x
the state of Georgia be, and the same is hereby laid off into six judicial circuits or dis- judicial cir-
tricts, as follows, -to wit : the counties of Twiggs, Laurens, Pulaski, Montgomery, Telfair, s t j
Appling, Irwin and Early, shall form and compose one circuit, to be called and known by Circuit.
the name of the Southern Circuit ; the counties of Wayne, Camden, Glynn, M c Intosh, Eastern
Circuit.
Liberty, Bryan, Chatham and Effingham, shall form and compose one other circuit, to
be called and known by the name of the Eastern Circuit; the counties of Burke, Jeffer- Middle
son, Washington, Emanuel, Tatnall, Bulloch,* Scriven and Richmond, shall form and
compose one other circuit, to be called and known by the name of the Middle Circuit ;
the counties of Elbert, Lincoln, Columbia,* Warren, Hancock, Oglethorpe and Wilkes, Northern.
shall form and compose one other circuit, to be called and known by the name of the
Northern Circuit; the counties of Jackson, Franklin, Madison,* Clarke, Walton, Gwin- Western
nett, Hall and Habersham, shall form and compose one other circuit, to be called and
known by the name of the Western Circuit ; and the counties .of Morgan, Jasper, Jones, Ocmulgee
Baldwin, Wilkinson, Putnam and Greene, shall form and compose one other circuit, to
be called and known by the name of the Ocmulgee Circuit.
Sect. 2. And be it further enacted, That at the meeting of the General Assembly, in Judges, &c. to
. .be elected by
November, eighteen hundred and nineteen, they shall, as soon as may be convenient, the legislature
proceed to the election of six judges of the Superior Courts, one attorney and five soli- in
citors general, for the organization of the said several circuits.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives .
MATTHEW TALBOT,
President of the Senate.
Assented, to, 19th December, 1818.
WILLIAM RABUN, Governor,
* See the act following this, by which Columbia is attached to the Middle Circuit, Madison to the Northern,
and Bulloch to the Eastern,
3 A
162
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1819.
(No. 282.)
AN ACT
Times of hold-
ing- the Supe-
rior and Infe-
rior Courts in
the several
circuits of the
state, regu-
lated.
To alter and fix the time of holding the Superior and Inferior Courts in the se-
veral Judicial Circuits in this state, and to add the county of Madison to the
Northern, and the county of Bulloch to the Eastern, and the county of Colum-
bia to the Middle Circuits.
Sect. 1. BE it -enacted by the Senate and House of Representatives' of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of thisj act, the times for holding the Superior and In-
ferior Courts in the several circuits in this state, shall be as follows :
WESTERN CIRCUIT.
Western Cir-
cuit.
In the county of Rabun, on the third Monday in February and Aifgust ; Habersham,
on Thursday after the third Monday in February and August ; Franklin, on the fourth
Monday in February and August ; Walton, on Thursday after the first Monday in
March and September ; Gwinnett, on second Monday in March and September; Hall,
on third Monday in March and September ; Jackson, on fourth Monday in March and
September; Clark, on first Monday in April, and Tuesday after first Monday in Oc-
tober.
NORTHERN CIRCUIT.
Northern Cir-
cuit.
In the counties of Lincoln, fourth Monday in April and October ; Elbert, second
Monday in March and September ; Madison, third Monday in March and Septem-
ber ; Warren, first Monday in April, and Tuesday after the first Monday in October ;
Hancock, second Mondays in April and October ; Oglethorpe, third Mondays in April
and October ; Wilkes, third Mondays in February and July.
SOUTHERN CIRCUIT.
Southern Cir-
cuit.
In the counties of Laurens, first Mondays in March and September ; Montgomery,
second Mondays in March and September ; Appling, Thursday thereafter ; Telfair,
third Monday in March and September ; Irwin, Thursday thereafter ; Early, first
Mondays in April and October ; Pulaski, second Mondays in April and October ;
Twiggs, third Mondays in April and October.
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1819. 353
OCMULGEE CIRCUIT. (No. 282.)
In the counties of Morgan, first Monday in February and August ; Greene, second Omulgee Cir-
Monday in February and August ; Putnam, third Mondays in February and August ;
Baldwin, fourth Mondays in February and August ; Wilkinson, Wednesday after first
Monday in March, and on first Monday in September ; Jones, second Mondays in
March and September ; Jasper, third Mondays in March and September.
MIDDLE CIRCUIT.— SPRING CIRCUIT.
Second Mondays in March, in the county of Columbia ; fourth Mondays in March, Middle Cir-
in Washington ; Thursday after the first Monday in April, in Tatnall ; Monday there- .' cir _
after, in Emanuel ; Monday thereafter, in Scriven ; Monday thereafter, in Burke ; cuit thereof
Monday thereafter, in Jefferson ; third Monday in May, in Richmond.
MIDDLE CIRCUIT.— FALL CIRCUIT.
Second Monday in September, in the county of Columbia ; fourth Monday in Sep- Fall circuit
thereof",
tember, in the county of Burke ; Wednesday after the first Monday in October, in Jef-
ferson ; second Monday in October, in Washington ; third Monday in October, in
Emanuel ; fourth Monday in October, in Tatnall ; first Monday in November, in Scri-
ven ; second Monday in November, in Richmond.
EASTERN CIRCUIT.— SPRING CIRCUIT.
cuit.
Spring 1 Circuit
In the county of Wayne, on the second Tuesday in March ; on the Monday there- Eastern dr-
after, in Camden ; on the Monday thereafter, in Glynn ; on the Monday thereafter, in
M c Intosh ; on the Monday thereafter, in Liberty ; on the Thursday thereafter, in thereof.
Bryan ; on the Monday thereafter, in Bulloch ; on the Thursday thereafter, in Effing-
ham ; and in Chatham, on the fourth Monday- in May.
A EASTERN CIRCUIT.— FALL CIRCUIT.
On the Thursday before the last Monday in October, in the county of Wayne ; on Fall Circuit
the Monday thereafter, in Camden ; on the Monday thereafter, in Glynn ; on the thereof *
Monday thereafter, in M°Intosh ; on the Monday thereafter, in Liberty ; on the
Thursday thereafter, in Bryan ; on the Monday thereafter, in Bulloch ; on the Thurs-
day thereafter, in Effingham ; and in Chatham on the first Monday in January.
3 A 2
364 JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1819.
(No. 282.)
gl,
INFERIOR COURTS.— NORTHERN CIRCUIT.
Inferior
Courts of the
Northern Cir-
cuit.
In the county of Lincoln, on the first Tuesday in January, and first Monday in
July , Elbert, second Mondays in January and July ; Madison, third Mondays in
January and July ; Warren, second Mondays in February and August ; Hancock, first
Mondays in February and August ; Oglethorpe, third Mondays in January and June ;
Wilkes, third Mondays in May and October.
OCMULGEE CIRCUIT.
Inferior
Courts of the
Ocmulg'ee
Circuit.
In the county of Morgan, on the first Monday in -May, and first Tuesday in
October ; Greene, second Mondays in May and October ; Putnam, third Mondays
in May and October ; Baldwin, fourth Mondays in May and October ; Wilkinson,
second Mondays in June and December; Jones, third Mondays in June and De-
cember ; Jasper, fourth Mondays in June and December.
MIDDLE CIRCUIT.
Inferior
Courts of the
Middle Cir-
cuit.
In the county of Columbia, third Mondays in June and December ; Richmond,
fourth Mondays in June and December; Burke, first Mondays in January and July;
Scriven, second Mondays in January and July ; Jefferson, third Mondays in January
and July ; Washington, fourth Mondays in January and July ; Emanuel, first Mon-
days in February and August ; Tatnall, second Mondays in February and August.
WESTERN CIRCUIT.
Inferior
Courts of the
Western Cir-
cuit.
In the county of Rabun, Thursdays after second Mondays in May and November ;
Habersham, third Mondays in May and November ; Franklin, fourth Mondays in May
and November; Walton, first Mondays in June and December ; Gwinnett, second
Mondays in June and December; Hall, third Mondays in June and December; Jack-
son, first Mondays in February and July ; Clark, fourth Mondays in January and July.
SOUTHERN CIRCUIT.
Of the South-
ern Circuit.
Laurens, first Mondays in June and December ; Montgomery, second Mondays in
June and December ; Appling, third Mondays in June and December ; Telfair, first
Mondays in February and August ; Irwin, first Mondays in January and July ; Early,
second Mondays in January and July; Pulaski, third Mondays in January and July j
Twiggs, fourth Mondays in January and July.
•
JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1819. 355
• ' ', .' 'ik Ui", , . / , 1, ■ ■ . . ! ' 1 i . : ■ -z.
(No. 282.)
EASTERN CIRCUIT.
Third Mondays in May and December, in the county of Liberty; in Wayne, last Eastern Cir-
cuit,
Mondays in May and December ; Camden, first Mondays in January and June ; Glynn,
second Mondays in January and June ; M c Intosh, third Mondays in January and June ;
Bryan, fourth Mondays in January and June ; Bulloch, first Mondays in February and
July ; Effingham, second Mondays in February and July ; Chatham, third Mondays in
February and July.
Sect. 2. And be it further enacted, That all petitions, processes, bills, summons, Petitions, pre-
subpcenas, and all other processes whatsoever, returnable heretofore to said courts at their return
any other times than those herein before mentioned, be, and the same are made return- regu ate
able to the courts, and at the times above stated; and all parties, jurors, witnesses and Parties, ju-
. ' r J ' . rors, &c. re-
other persons required to attend at any other times, are required to appear as herein quired to at-
. tend at the
appointed. periods pre-
scribed in this
act.
Sect. 3. And be it further enacted, That the county of Madison be, and the same Madison coun-
is hereby attached to the Northern Circuit. the Northern
/* Circuit.
Sect. 4. And be it further enacted, That the county of Bulloch be, and the same is Bulloch at-
hereby added to, and become a part of the Eastern Judicial Circuit, any law to the Eastern, and
contrary notwithstanding ; and the county of Columbia be, and the same is hereby the^ddfe
added and restored to the Middle Circuit. - Circuit.
Sect. 5. And be it further enacted, That the changes in the times of holding the In- The change in
the time of
the Inferior
ferior Courts of the counties of Greene and Columbia, shall not take effect until the
end of the ensuing term of the said Inferior Courts of said counties, to be holden on Courts of
, ; ' • Greene and
the third Monday m this inst. Provided nevertheless, that the first Inferior Court in the Columbia,
county of Lincoln, shall be held on the second Monday in February ; in Elbert, on the place. °
first Monday in February; in Jasper, on the fourth Monday in June next ; and that Proviso -
nothing herein contained shall affect or alter the time of holding the next Inferior
Court of Morgan county, any thing in the said act to the contrary notwithstanding.
Sect. 6. And be it further enacted, That it shall be the duty of the clerks of the clerks shall
Superior and Inferior Courts of the several counties of this state to advertise, once, at Oration ^
some public place in each captain's district of. their respective counties, any alteration mac ! e h J th!s
. l ? - act in the
366 JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1819.
(No. 282.) that may be made by this act in the times of holding the courts, of which they are act-
times of hold- ingas clerk
ing the courts °
of which they
are clerks. DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 14th December, 1819.
JOHN CLARK, Governor.
(No. 283.) AN ACT
To authorize the Judge of the Superior Courts of the Southern Circuit to hold
an extra court in the county of Pulaski.
An extra ses- Sect. 1. BE it enacted by the Senate and House of Representatives of the state, of
sion of the Su- % # . . . # • J
perior Court Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
in Pulaski
county autho- That the judge of the Superior Courts for the Southern Circuit be, and he is hereby
ri • authorized to hold an extra court on the third Monday in January next, in the county
Processes, &c. of Pulaski, and that all processes, recognisances, and other matters, which were return-
able to October term last, be, and the same are hereby made returnable to the said ex-
Jurors, who tra court ; and all jurors who were summoned to attend the said October term, shall
ed to attend at De compelled to attend the said extra court, they being respectively notified of the same,
the regular ^y the sheriif of said county, at least twenty days before the sitting of said court: Pro-
to attend said vided, that nothing herein contained, shall be so construed as to legalize any acts or
extra session. • #
Proviso doings of the sheriff, nominated by the justices of the Inferior Court of said county.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
1 _ Assented to, 21st December, 1819.
JOHN CLARK, Governor.
[ 367 ]
JUDICIARY LAWS
AN ACT
To amend the fifty-sixth section of the Judiciary Law of this state.
WHEREAS, inconvenience hath been' experienced in our courts by administering Preamble,
the oath to the special jury in every cause submitted to them : for remedy whereof,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is enacted by the authority of the same, That The oath of
the oath to be administered to special jurors, (except in cases of divorce,) shall be in (except in
the words following, to wit: " You shall well and truly try each cause submitted to you yorce }
during the present term, and a true verdict give, according to equity, and the opinion
you entertain, of the evidence produced to you, to the best of your skill and knowledge,
without favour or affection to either party : Provided, you are not discharged from the Proviso,
consideration of the case or cases submitted ; so help you God."
Sect. 2. And be it further enacted, That the said fifty- sixth section of the judiciary Repealing
law be, and the same is hereby repealed.
ROBERT IVERSON,
Speaker of the. House of Representatives
MATT'HEW TALBOT, .
President of the Senate,
Executive Department, Georgia.
Assented to, 4th December, 1811.
D. B. MITCHELL, Governor
clause;
3)
368
JUDICIARY LAWS. 1811.
(No. 285.)
AN ACT*
To alter and amend the several Judiciary Acts now in force in this state, so far
as relates to Justices' 3 Courts.
Preamble.
WHEREAS, the said acts are not found to answer the purpose for which they were
intended :
Jurisdiction of
the justices of
the peace,
Proviso,
Proviso, as to
appeals.
Stay of execu-
tion.
Debts which
originally ex-
ceeded g30,
but which
have been re-
duced to, or
under that
sum by pay-
ments, may be
sued for in
Justices'
courts.
Jurisdiction
also given,
when large
debts are di-
vided into
small notes,
&.C.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same
That from and after the passing of this act, the justices of the peace in the respective
company districts, or any one or more of them, shall have authority and jurisdiction to
to hear and determine all suits on any liquidated demand or account, for any sums of
money not exceeding thirty dollars,! by summons or warrant; Provided, that no justice
of the Inferior Court, clerk, sheriff, or practising attorney, being a justice of the peace,
shall try any warrant, or give judgment thereon in any civil case whatsoever ; and the
said justices are hereby authorized and empowered to give judgment and award execu-
tion thereupon : Provided nevertheless, that either party being dissatisfied, shall be allow-
ed an appeal on payment of costs, and giving security for the eventual condemnation
money within three days after judgment; or the party cast may stay the levy of exe-
cution forty days, on payment of costs, and giving security within four days after judg-
ment ; but no stay of execution shall be allowed after an appeal trial, for a longer time
than twenty days ; in which case, the security on the appeal, together with the security
for the stay of execution, shall be liable for the debt and cost. And it shall be lawful
for any person or persons, who has or have in his, her or their hands, any bond, note,
or account, which was given for any sum exceeding thirty dollars, and the amount of
which has been reduced by any payment or payments, or effects, to the sum of thirty,
dollars, or under, and which payment or payments, are endorsed on the back of such
bond, note, or account ; or where any bond, note, account, or other agreement, (gam-
ing debts excepted,) which, in its original, exceeded the sum of thirty dollars, but has
been reduced by bond or bonds, note or notes, although of equal date, and payable at
the same time, to a sum or sums under, or of thirty dollars each, that then, and in every
* See act of 1816, No. 292, supplementary to this act.
f Judgments may be given for $>30, exclusive of interest and costs ; see act of 1819, No. 295, which
makes the first term the appearance term, and the second term the judgment term. The appearance dockets
shall be called at the first term, and judgments by default entered as in the Superior Courts.
JUDICIARY LAWS. 1811. 339
such case, it shall and may be lawful for any person or persons, who has or have in his, (No. 285.)
her or their hands, any such note or notes, bond or bonds, or accounts as aforesaid, to
bring suit thereon in the justices' court, in the district where the debtor or debtors may
reside ; and the justice or justices are hereby authorized to give judgment for what-
ever sum in his judgment appears to be due.
Sect. 2. And be it further enacted, That all such appeals shall be tried before any one Appeals, how
or more justice or justices, in the company district in which the cause originated, by
five jurors, to be drawn, impannelled and sworn, as herein after directed, and in no
other manner whatsoever, whose verdict shall be final and conclusive between the par-
ties (except removed by certiorari): Provided always, that no justice or justices of the Courts to be
. ' . . . held monthly.
peace shall hold any justices court, or pass any judgment in any civil case, on any
other, or more than one day in each month, which day they may appoint in their respec-
tive districts, nor at any other pla^ than that specially mentioned in the warrant or
summons, which place shall be as near central as convenience will admit ; which war- Service of pro
cess regulat-
rant or summons shall be served by any constable of the district in which the defendant ed.
may reside, duly appointed and sworn to the faithful execution of his office, either by
giving a copy to the defendant in person, or by leaving a copy thereof at his, her or
their usual and notorious place of abode, at least ten days before the day of trial ; and Entr y of ser-
, vice on the
it shall be the duty of the constable serving the summons or warrant, to make an entry warrant.
of service thereon in writing, and sign such return.
Sect. 3. And be it farther enacted, That where a suit shall be instituted in any jus- Suits, how in-
tices' court, on any bond, note, or other written obligation, subscribed by several per- JJlSfo? ioint
sons living in different counties or districts, the plaintiff shall have his option to insti- promissors,
,...., . &c. living in
tute his suit in either of the counties or districts, and a copy of the original process different dis-
being served on either or each of said obligors or promissors, by an officer duly autho- t!S. S ° °° U
rized, who shall make a return thereof, under his hand, to the person applying for such
service, or the court from which the original issued ; and on such return being made,
the justice or justices shall be authorized to enter up judgment against the several
obligors or promissors, or either of them, who shall be summoned as aforesaid.
Sect. 4. And be it further enacted by the authority aforesaid, That it shall and may Said justices
be lawful for any justice of the peace, upon complaint made on oath by any person, that Kments**
his or her debtor resides out of this state, or is actually removing without the limits of Oath of the
the same; or any county thereof, or absconds or conceals himself, or stands in defiance credltor °
,of a peace officer, so that the ordinary process of law cannot be served upon him, to
grant an attachment against the estate of such debtor, or so much thereof as shall be
of sufficient value to satisfy the plaintiff's demand and cost ; which attachment shall be Attachments,
directed to and levied, by any lawful constable of the county where the property may recTed and'"
1 how levied,
3 R
370 JUDICIARY LAWS. 181 i.
■ ■ ■ ' i ' •'• ■ ■' ■ ■ ■- • ■ ■■ ■ ; aa -■ ■ ■• —
(No. 285.) be found, upon the estate of such debtor, wherever to be found, either in the hands of
Garnishee. an y p erson indebted to, or having effects of such debtor in their possession, and sum-
mon such person or persons to appear at the court to be held in and for the said district
to which said attachment may be made returnable, there to answer on oath what he
she or they are indebted to, or what effects of such debtor he, she or they hath in their
hands, or had at the time of levying such attachment ; which being returned executed
the court may by order compel such person or persons to appear and answer as afore-
W here a gar- said. And where any person, in whose hands such attachment maybe levied, shall
nishee denies . . . . •'
that he is in- deny, on oath, owing any money to, or having in his, her or their hands, any effects of
has any effects sucn debtor, it shall and may be lawful for the plaintiff, or his attorney or agent, to tra-
of the debtor, verse SU ch denial, and thereupon an issue shall be made up, and the same shall be tried
said denial ' 1 x 7
may be tra- at the next term, by a jury of five persons, drawn, impannelled and sworn in like mam*
versed and an . ' • ....... .
issue made up. ner as in appeals ; but on good cause being shown on oath, the trial may be put off one
Trial thereof, term, at the instance of either party, and no longjr ; and if found against such garni-
Proceedings if* « *
found against shee, he, she or they shall be subject to pay the plaintiff such sum as shall be so found,
the garnishee. an( j cost . an( j tne court s hall order judgment to be entered thereupon against such gar-
Said justices nishee as against the original debtor : Provided, that such justice of the peace shall,
bond and se- before granting such attachment, take bond and security of the party to whom the same
e " nt y. may be granted, in double the sum sworn to by the attaching creditor, payable to the
ditor. defendant, for satisfying and paying all costs and damages which may be incurred by,
or happen to the defendant, in case the plaintiff suing out such attachment should dis-
continue or be cast in his, her or their suit ; which bond shall be returned to the court
to which such attachment may be returnable ; and such attachment shall be tried at or
before the second justices' court after the one to which it may be made returnable ;
and the party entitled to such costs and damages may bring suit and recover thereon:
and every attachment issued without such bond being taken, or where no bond shall be
returned to the court with the attachment, the said attachment is hereby declared to be
Attachments, illegal, and shall be dismissed with costs : Provided always, that every attachment which
and advertis- may be issued as aforesaid, shall be attested by the justice issuing the same, and shall
be, by the officer levying the same, publicly advertised at the place of holding the courts
in said district, and at one or more public places in the county, at least fifteen days
previous to the court to which said attachment may be made returnable ; and if any at-
tachment shall be issued within fifteen days of the next court, such attachment shall be
Goods, &c. returnable to the succeeding court, and shall be tried as heretofore directed. And all
pieviable. 16 " g°°ds and chattels, lands and tenements attached, shall be repleviable by the defendant's
giving bond, with good and sufficient security, to the officer levying the same, which
bond he is hereby empowered to take, compelling the defendant to appear at the court
to which such attachment may be made returnable, and to abide by and perform the
Proviso, as order of such court : Provided nevertheless, that all goods and effects attached and not
vied goods of replevied agreeable to the provisions of this act, where the same shall be of a perisha-
JUDICIARY LAWS. 1811. 371
ble nature, the said justice or justices of the peace shall, on motion of the plaintiff, his, (No. 285.)
her or their attorney or agent, order a sale of the same ; and the proceeds of such sale na lj^™ shable
shall be paid into said court, and by them applied to the discharge of the plaintiff's de-
mand, if established, and costs ; and the balance, if any, returned to the defendant or
his attorney : Provided nevertheless, that all sales of perishable property under attach-
ment, shall undergo the same formalities of other constables' sales under executions ;
and whenever any attachment shall be returned served in the hands of a third person, Judgment and
.... 1 . r execution,
it shall be lawful, on his or her appearance and examination, in the manner herein alter where attach-
directed, to enter up judgment as against the original debtor, and award execution for the vied in the
money due by him or her to the absent debtor, and against such property or effects as may J^jJ ° e f r g on
be in his or her hands or keeping, belonging to such absent debtor, or so much thereof as howrendered,
&c.
will be of value sufficient to satisfy the judgment or judgments and costs. And all such gales f g. 00( j s
goods and chattels, levied on as aforesaid, and not replevied, shall, after the plaintiff has attached, &c,
established his demand, be, by order of the court, sold and disposed of, for and towards
satisfying the plaintiff's judgment, in like manner as if the same had been taken under
execution ; and where the property so attached and sold as aforesaid, should prove in- Proceedings,
sufficient to satisfy the debt and costs, or where the same shall be of the nature of real per ty attached
estate, then, and in that case, it shall be the duty mf said justice to issue execution or sufficient to "'
executions for the amount of said judgment and cost, or so much thereof as remains satisf y the
• debt, or where
unsatisfied. And when any person, as garnishee, returns debts due to the absent debtor, the same is of
the court shall order the same to be sued for, and when recovered subject to the order rea l property,
of the court. - Debts, return,
ed by gar-
nishee, how
disposed of.
Sect. 5. And be it further enacted, That in all cases brought before any justices' ituleofevi-
court, the best evidence the nature of the case will admit of shall be required ; nor shall ence '
.' . Accounts,
any person, plaintiff or defendant, be permitted, to prove his or her account by his or her when to be
own oath, without first making oath in writing, that he or she hath no other evidence {, at j 1#
whereby to establish the same, that is in his or her power to procure ; and in all cases Sets off.
of mutual debts and setts off, the said justice or justices may enter up judgment for the
defendant, w T here it shall satisfactorily appear that there is a balance due him or her ; and Continuances,
on good cause being shown on oath by either party, the said justices may postpone the
trial three terms, and no longer ; and where an execution is levied on property claimed by claims.
a person not a party to said execution, it shall be the duty of the constable to postpone
the sale of such property, and make return thereof to the first court in said district :
Provided, the person putting in such claim shall first make oath,* in writing, that said oath of
claimant.
* See act of 1814, No. 290, which repeals so much of this section as relates to the oath of claimants, and
prescribes the oath to be taken by them. See also act of 1811, No. 82, title " Clerks, &c,"
3 B 2
JUDICIARY LAWS. 1811.
(No. 285.) property is not liable to said execution, (and shall also give bond and security in double
5ve° bond and t ^ le amount °f sa id execution,) which bond the constable is hereby authorized to take,
security. payable to the plaintiff in execution, with condition to pay all costs and damages
which he or she may sustain, in case it should appear such claim was frivolous and in-
tended for delay only, recoverable in any court having cognizance thereof; and it shall
be the duty of the said court to cause the right of property to be tried at the next term,
by five jurors, to be drawn and impannelled in like manner as appeals, and on good
cause being shown on oath, the court may postpone the trial for one term, and no longer.
Trial of the
right of pro-
perty.
Said justices Sect. 6. And be it further enacted, That the said justices shall have power and au-
baii. thority to hold to bail for debts within their jurisdiction, under such restrictions and
regulations as prevail in the Superior and Inferior Gourts.
May issue
summons for
witnesses.
Liability of
witnesses for
non-attend-
ance.
Proviso,
Proviso.
interrogato-
ries, when al-
lowed, and
liow taken.
Sect. 7. And be it further enacted, That any justice of the peace may issue sum-
monses for witnesses resident within the county, in any case to be tried before him, which
shall be served five days before the day of trial ; and such witnesses shall be subject to
a fine of not exceeding ten dollars for default, at the discretion of said justice, and more-
over be liable to the party grieved, toy action in any court having jurisdiction of the same,
for any damages he may sustain by such default, who may issue execution for the amount
of said fine : Provided, sufficient excuse shall not be made at or before the next court
day : Provided also, that all witnesses, duly summoned and attending said court, who
may reside out of the district where such court may be held, shall receive seventy-five
cents per day for their attendance : And provided also, that there shall not be taxed in the
bill of cost the expense of more than two witnesses to prove the same fact ; and it shall
be the duty of all persons summoned as aforesaid, to attend from time to time until the
cause shall be determined, or they be otherwise discharged by the court ; and all fines
shall be paid into the hands of the Inferior Court for the use of the county : and when
any witness resides out of the county, whose evidence may be material for either party,
in any cause pending in the said justices' court, it shall and may be lawful for the party
wishing to obtain such testimony, to obtain a commission from the justice issuing the
summons, first giving the adverse party, his agent or attorney, five days' notice, accom-
panied with a copy of the interrogatories intended to be exhibited, which commission
shall be directed to any two or more freeholders, one of whom shall be a justice of the
peace, to examine, on oath, all and every such witness or witnesses j and such examina-
tion, when so taken, shall be sealed up by the commissioners, and directed to the magis-
trate by whom it was issued, and on returning the same shall swear that it has undergone
no alteration from the time of his receiving it of the commissioners ; and the commission
and interrogatories so issued, executed and returned, shall be read on the trial, at the in-
stance of either party.
JUDICIARY LAWS. 1811. 373
Sect. 8. And be it further enacted, That the method of drawing jurors for the trial (No. 285.)
of appeals, and all other cases in justices' courts, in each district, shall be as follows: Drawing ju-
rors for the
the justice or justices residing in each captain's district, in conjunction with the com- trial of appeals
manding officers of said district, shall, once in every two years, procure or make out regu a e *
a list of all persons liable to serve as jurors in the Superior Courts, who may be
residents in their respective districts, and shall write the name of every person so
liable on a separate piece of paper, which shall be deposited in, a box in an apartment
marked No. 1. and shall draw therefrom not less than five, nor more than seven of the
names so before deposited, from time to time, to try the causes so depending before
them, which names, so drawn, shall be entered in a book by the justice presiding at the
drawing thereof, and shall be deposited in an apartment of said box marked No. 2, and
after all the names are drawn from No. 1, they shall commence drawing from No. 2, and
so on alternately : Provided, that no justice shall presume to draw any jury but on a Proviso.
court day and in public, and by a person not interested in any suit to be tried by said
l'ury ; and any person so drawn and summoned by a constable five days before court, Liability of
i_ ... .. jurors for non
neglecting to appear, shall be fined by the justice or justices in a sum not exceeding attendance,
three dollars, unless such juror shall show sufficient cause of excuse, on oath, at the next
term ; and in all cases of deficiency of jurors, the constable, by the direction of the
justices, shall fill and complete such jury from the by-standers : Provided, there shall not
be less than three of the original pannel on such jury; and they shall, for every verdict Jury fee.
by them given in, be entitled to twenty-five cents, to be paid by the party in whose
favour such verdict may be given, and to be taxed in the bill of costs.
Sect. 9. And be it further enacted, That the oath to be administered to the jury on
the trial of appeals, also for the trial of the right of property and on a traverse trial in
justices' courts, shall be as follows : " You shall well and truly try the cause now pending Oath of the
between A. B. plaintiff, and C. D. defendant, and a true verdict give, according to trial of ap=
equity and the opinion you entertain of the evidence produced to you, to the best of P eaIs > c *
your skill and knowledge, without favour or affection to either party, provided the case
is not withdrawn ; so help you God."
Sect. 10. And be it further enacted, That where any person or persons, charged Whenaper-
with any offence, and brought before a justice or justices of the peace, shall be dis- f™ brought
charged for want of sufficient cause of commitment, the justice or justices may in his tice ofthe
... peace is elis-
or their discretion discharge the party with cost, or direct the cost to be paid by the charged for
want of cause
prosecutor. of commit-
<r . ment, costs by whom payable,
Sect. 11. And be it further enacted, That no person shall be permitted, in any trial Bonds, notes,
in said justices' court, to deny his bond, note or bill, for money or other thing, unless n ied on oatb"
such person shall first make oath in writing to the truth of such denial,
374
JUDICIARY LAWS. 1811.
(No. 285.) Sect. 12. And be it further enacted, That in case any person or persons, after beino-
If any person, summ0 ned to answer any complaint for debt before any justice of the peace, shall, be-
after being .
summoned, fore the sitting of such court, remove out of the district, such justice may nevertheless
shall remove . , . . . , . . r , „ r . _
from the dis- give judgment against him, her or them ; and it any person shall, alter judgment of such
court, ludi?- court, remove out of the district or county before satisfaction made, such justice may
ment shall ne- i n either case issue execution against such person or persons, which execution being
* fc I vllt,lC»5S Uw *
entered up backed by any justice of the county where such person or persons, or his, her or their
Executions property may be found, may be levied by any lawful constable of said county.
may be sent
from one district, &c. and levied.
Ten days' re- Sect. 13. And be it further enacted, That if any person or persons shall live or re-
sidence in any , f . ' *
district shall side within any county or district for the space of ten days, the same shall constitute a
son liable to" sufficient residence so as to authorize the justices of said county or district to proceed
be sued there- a g a i ns t him, her or them, before any company district court, as herein before pointed
out, for all debts within their jurisdiction.
Persons resid- Sect. 14. And be it further enacted, That in case there be no justice of the peace re-
trict having- sident in any captain's district, then it shall and may be lawful for a justice in any ad-
may U be < sued j omm S district, to proceed in like manner as if the defendant was an inhabitant of his
p an- adjapx- district ; and all cases, in which a justice of the peace may be a party, shall be tried in
When a jus- the nearest justices' court to the residence of the defendant in sajd county, and not
tice is a partv, . , . , .... . . . . .. .
the case within the district in which he may reside.
where tried.
Justices liable Sect. 15. And be it further enacted, That the justices of the peace of the respective
to indictment . . -,..■■
formalprac- counties shall be, and they are hereby declared to be, liable to prosecution and trial, by
indictment, for malpractice in office ; and '\t shall be the duty of the attorney or solici-
tor general, on complaint made to them, or either of them, on oath, by any person or
persons, to frame and prefer a bill of indictment to the grand jury of the county in
which the justice or justices complained of may reside, containing the merits of the
complaint specially set forth ; which indictment, if found by the grand jury, after hear-
ing the evidence and the parties, shall be tried by a petit jury, and if convicted on such
indictment, the judgment of the court may extend to fine and removal from office, or
either, at discretion.
Sect. 16. And be it further enacted, *That when it shall appear, by the return of a
* In suits against joint obligors or promissors, if any of the joint parties make it appear that they are o^y se-
curities, the justice shall enter judgment and issue execution against them as such ; and if the execution be sa-
tisfied by the securities, they shall have the control thereof to get their money out of the principal, against
whom judgment, &c. must also have gone. See act of 1816, No. 292,
JUDICIARY LAWS. 1811. 375
constable on any execution or executions, that the same has been paid by a security or (No. 285.)
securities, it shall be the duty of the justice or justices to make an entry thereof in rity p^, 8 ^
their docket book, and such security or securities shall have the use and control of JJJJ'jJ^^
said execution or executions for the purpose of remunerating him, her or themselves tied to the
. control of the
out of their principal, although said execution may have been levied and property sold same, &c.
to satisfy the same.
Sect. 17. And' be it further enacted, That it shall be the duty of constables to ad- Constables'
. sales regulat*
vertise all intended sales, at two or more of the most public places in their proper dis- e d.
trict, and at one or more of the most public places in the county, at least fifteen days
before any sale, and shall give a full and clear description of the property to be sold ;
and all constables' sales shall be at the place of holding justices' courts in the several
company districts, and on a court day, and that between the hours of ten and three
o'clock.
Sect. 18. And be it further enacted, That no constable shall be authorized to levy Constables
. shall not levy
on any negro or negroes, or real estate, unless there is no other personal estate to be on negroes or
found sufficient to satisfy the debt, and then, and in that case, they are hereby autho- uniessthe'
rized to lew on the same, wherever to be found, and deliver over the execution or exe- other personal
,•■■:,,' J ' ' estate is msuf-
cutions to the sheriff of the county, with a return of the property levied on, who shall ficient.
proceed to sell the same, with such formalities as are prescribed for the sale of real property to
estates. be^by the she-
Sect. 19. And be it further enacted, That all judgments which may be obtained in, Judgments-,
and executions issued from any justices' court, after the passing of this act, shall bear tices' courts
equal dignity with judgments obtained in and executions issued from the Superior or P laoe ^ on . tne
Inferior Courts, and shall bind all the property of the defendant from the date of the with those of
. the Superior
said judgment ; and also all the property of his, her or their securities from the time and Inferior
of their entering themselves as such until the same shall be satisfied.
Sect. 20. And be it further enacted, That a reasonable compensation shall be allow- Constables to
be paid for
carrying pro-
perty to the
place of sale.
ed to constables, for carrying property levied on to the place of sale, when there appears
carrying pro-
an absolute necessity for so doing, to be adjudged of by the justice or justices resident JJJJJj of sale
in said district.
Sect. 21. And be it further enacted, That it shall be the duty of the constables of Duties and
v «. . T . . liabilities of
the several districts to levy all executions put into their hands, agreeably to the tenure constables.
thereof, and to make due returns of the same, together with all summonses or warrants,
to the court to which they may be made returnable ; and if any constable shall fail to
376
JUDICIARY LAWS. 1811.
(No. 285.) execute and make returns, or to pay to or account with any person for whom he may
have received money on any execution, within ten days after the reception thereof, the
person so injured as aforesaid may, upon application to any justice within the district
where said constable may reside, (and in case there should be no justice in said district,
then an application to a justice in any adjacent district,) whose duty it shall be to grant
a warrant to such applicant against such constable; and such justice shall, upon proof
thereof, award judgment and execution for the same, and all cost, against such consta-
ble, and also fine him for such abuse in a sum not exceeding ten per cent, on the amount
so withheld ; and in case of neglect or refusal to serve and return any warrant or sum-
mons as aforesaid, may fine the constable so offending in a sum not exceeding the
amount of the debt due by the defendant ; and all constables shall moreover be subject
to be prosecuted and tried for malpractice in office, in like manner as herein pointed
out for justices of the peace, and liable to like pains and penalties.
Sect. 22. And be it further enacted, That from and after the passing of this act, jus-
tices of the peace and constables throughout this state shall receive the following fees*
for the services herein after mentioned, and no more.
Justices' of the Peace Fees in Criminal Cases.
Justices' fees
in criminal
cases.
For affidavit to obtain a warrant, twenty-five cents ; for making out a warrant, twen-
ty-five cents ; for making out a commitment, twenty-five cents ; for making out recogni-
sance and returning the same to court, twenty-five cents ; for each subpoena for wit-
nesses, twelve and an half cents.
In Civil Cases.
Their fees in
civil cases.
For a warrant or summons, twenty-five cents ; for each cause tried by said justice,
twenty-five cents ; for affidavit to obtain an attachment or to hold to bail, and taking the
bond, fifty cents ; for each execution, ca. sa. or attachment, twenty-five cents ; for tak-
ing interrogatories and certifying the same, one dollar; for drawing jury and making
out venire, twenty-five cents ; for each cause tried by said jury, twenty-five cents ; for
each affidavit, where there is no cause pending, twenty-five cents.
Constables' Fees in Civil Cases.
Constables'
fees in civil
cases.
For serving a warrant, summons or subpoena, twenty-five cents ; for each additional
copy, twenty-five cents ; for attending each trial in a justices' court, twenty-five cents ;
* These fees are increased 25 per cent, by act of 1819, No. 250. They had been increased 50 per cent, by
act of 1818, No. 248,
JUDICIARY LAWS. 1811,
377
for summoning a jury, fifty cents ; for each cause tried by said jury, twenty-five cents ; (No. 285.)
for levying and advertising an attachment, twenty-five cents ; for levying a ca. sa. or
execution, and advertising, twenty-five cents ; for carrying a prisoner to jail, per mile,
four cents ; for carrying a negro to and from jail, when under execution, per mile, four
cents ; for keeping a horse, mare, mule, ass or ox, per day, twelve and an half cents ;
for each head of neat cattle, per day^ three cents ; for each head of sheep, goats or hogs,"
per day, two cents ; and shall moreover be entitled to five per centum on the amount of
sales made by him, under execution.
Sect. 23. And be it further enacted, That in future any person or persons, who Suits may be
'■> ii i settled or
may institute any suit or suits m any justices court, shall be at liberty to settle or withdrawn
withdraw the same at any time, on payment of the cost which may have already accru- G f costs^" 16 "
ed. And in all cases where execution or executions may issue, and being returned with plaintiff liable
an entry of service thereon, no property to be found whereon to levy, the plaintiff is executions are
hereby liable and bound for the cost, and that on refusal to pay the same, execution may returned with
■ J 7 V J 1 J an entl .y f nQ
issue for the said amount, against the said plaintiff. property to be
found.
Sect. 24. And be it further enacted. That it shall be the duty of any justice of the Duty of jus-
* , . . r , . . i ! %.\ tices of the
peace, on return made to him by any overseer of a road or roads, to issue his warrant peace with
against such defaulter or defaulters; and on hearing the excuse or excuses of such de- ^g 1
faulter or defaulters, to assess the fine or fines which the existing road laws in said
county require, and issue execution for the same, unless the excuse so offered shall be
satisfactory.
Sect. 25. And be it further enacted, That it shall be lawful for any constable of the Further pow-
crs of cousin*
county to serve any warrant or summons, wherein any justice of the peace or consta- bi es>
ble may be a party, and to summons any witnesses, and to serve any bail warrant or at-
tachment, and to make due return thereof to the court to which the same may be made
returnable ; and where it may so happen that there is no constable in the district, it shall
and may be lawful for any constable in the county to act in the said district, in all re-
spects, as if such constable had been appointed for said district.
Sect. 26. And be it further enacted, That the justice or justices in any district, Justices may
• .... . ' ; ,. appoint con-
having no constable, is hereby authorized and empowered to appoint not exceeding two stables, &c.
fit and proper persons-, within the said district, to whom they shall administer the oath
of office, who shall give bond and security as pointed out by law; and the person or
persons so appointed shall continue in office until the next Inferior Court, and until a
successor is duly appointed and qualified. , "' \
3 C
•
,78 JUDICIARY LAWS. 1811.
(No, 285.) Sect. 27. And be it further enacted, That the justices of the peace of the several
May fine and districts shall have power, during the sitting of their respective courts, to fine or impri-
lmpnson, in r r
cases of con- son any person or persons, for contempt of said courts, to be adjudged of by the said
justice or justices, in any sum not exceeding two, dollars, and imprisonment for a term
not exceeding two days, for each offence, which said fine, when collected, shall be paid
over into the hands of the Inferior Court, for county purposes.
tempt of court.
Repealing Sect. 28. And be it further enacted, That all laws and parts of laws heretofore passed,
clause.
regulating justices' courts, which militate against this act, be, and the same are hereby
repealed.
ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
Executive Department, Georgia.
Assented to, 14th December, 1811.
D. B. MITCHELL, Governor.
(No. 286.) AN ACT
To amend the thirty-first section of the Judiciary Act of 1799.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Executions, Georgia, in General Assembly met, That all Executions shall be issued and signed by the
how issued, ... . .
signed, tested, clerks of the several courts in which judgnients shall be obtained, and bear test in the
rected " name °f one °f tne judges or presiding justices of such courts, and shall bear date from
On what the time of issuing, shall be directed to all and singular the sheriffs of this state, and may
be levied on the estate, both real and personal, of the defendant or defendants, or issue
against the body of the defendant, at the option of the plaintiff, which execution shall be
of full force until satisfied, without being obliged to be renewed on the court roll from
Sheriff not to year to year, as heretofore practised. And when the defendant shall point out any pro-
levy on pro- l-i i • r
perty pointed perty on which to levy the execution, being in the hands and possession oi any person
fendant in the not a P ar ty to sucn judgment, the sheriff shall not levy thereon, but shall proceed to levy
hands of a on suc h property as may be found in the hands and possession of the defendant, who
third person, .
hut on such as shall nevertheless be at liberty to point out what part of his property he may think pro-
as in the pos-
JUDICIARY LAWS. 181 i, , 379
per, which the sheriff shall be bound to take and sell first, if the same is, in the opinion (No. 286.)
of the sheriff, sufficient to satisfy such judgment. session of the
defendant,
who may point out what shall be sold, &c,
*
Sect. 2. And'be it further enacted, That where any execution shall have issued or may when an exe-
horeafter issue against the body of any defendant, and the same shall not have been ^ body of S
satisfied, it shall be lawful for an execution to issue against the property of such defend- . de f e " d *nt
ant or defendants on the return of said execution, which had been issued against the u P on the re-
turn thereof
body of the said defendant or defendants ; and that when an execution against the body an execution
of any defendant shall have^been served, the party on whom the same shall have been property ma\
served shall be released ; Provided, he, she or they shall deliver to the officer serving
issue.
A defendant
the same, property which shall, in the opinion of such officer, be sufficient to discharge in custody un-
the debt and all costs, and give sufficient security to the said officer that the property so tion against
delivered is bona fide the property of the defendant or defendants, and subject to the dis- hov^released
charge of the said debt; in which case the officer shall return the execution so issued
against the body of the defendant or defendants, and take out an execution against the
property of such defendant or defendants, and proceed to advertise and sell the property
so delivered up, to satisfy such execution as heretofore practised.
Sect. 3. And be it further enacted, That all laws or parts of laws heretofore passed, Repealing
militating against this act, be, and the same are hereby repealed. clause.
ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
Assented to, 14th December, 1811.
D. B. MITCHELL, Governor.
3 C 2
380
JUDICIARY LAWS. 1811
(No. 287.) AN ACT
To alter and amend the twenty-third section of the Judiciary Law of this state,
passed 16th February, 1799.
Preamble. WHEREAS, the judiciary law of this state does not so fully embrace the mode neces-
sary to procure testimony by interrogatories as justice in its fullest extent requires :
BE it therefore enacted by the Senate and House of .Representatives, in general assem-
Testimony of bly met, and by the authority of the same, That after the passing of this act it shall and
witnesses re- • m # * ' - *
siding out of may be lawful, where any witness resides out of the state or out of the county, or where
county, or of an y witness resides within the same, and being a seaman, patroon of a boat, stage driver,
a seaman, boat ma jj carr i e r, aged or infirm person, and in all other cases where the evidence of any wit-
driver, mail ness cannot be duly obtained, in which his or her testimony may be required in any case,
Ctlli lCIj Rll
aged or infirm it shall be lawful for either party, on giving at least ten days notice to the adverse party?
how procured. or ^ s -> ^ er or tne i r attorney, accompanied with a copy of the interrogatories intended to
be exhibited, to obtain a commission from the clerk of the court in which the same may be
required, directed to certain commissioners, to examine all and every such witness or
witnesses, on such interrogatories as, the parties may exhibit; and such examination shall
be read at the trial, on the motion of either party, any rule, order or law to the contrary
notwithstanding.
ROBERT IVERSON,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate.
Assented to, 16th December, 1811.
D. B. MITCHELL, Governor,
JUDICIARY LAWS. 1812. 331
AN ACT (No. 288.)
To amend and explain the 29th section of the Judiciary Law of this state.
WHEREAS, the above recited section of the judiciary law of this state is not suffi- Preamble,
eiently explicit to effect the object for which it was intended :
Sect. 1. BE it therefore- enacted by the Senate and House of Representatives of the When a plain-
state of Georgia, in General Assembly met, and it is hereby enacted, That where any f this state,
attorney shall institute a suit in any of the courts of this state, for and in behalf of cou°nty where
any person or persons who resides out of this state, or out of the county in which the the suit is
defendant or defendants may reside, and in which such suit may be tried, such attorney attorney shall
shall be liable to pay all costs, in case such suit shall be dismissed or the plaintiff or the costs in
plaintiffs be cast- in his, her or their suit ; and it shall be lawful for the clerk of said court frfflbe caster"
to issue execution against said attorney or attornies for the amount of the cost of said tn . e actlon cus '
. missed.
suit.
Sect. 2. And be it further enacted, That where any attorney shall institute a suit, in An attorney
any of the counties of this state, for any person who resides out of the county in which act j on f or ? a
such suit is brought, and judgment shall be obtained thereon, and the sheriff shall return P^mtiff^ivirig
the execution, no property to be found, that then the plaintiff's attorney shall be bound county where
it is brought,
for the cost of said suit, and the clerk may issue his execution against the plaintiff and and after judg-
the attorney who brought said suit jointly, for the amount of the cost of such suit. And p er t v of tile
if any attorney shall retain in his hands any money received by him for any client, after defendant can
being by the court ordered to pay over the same to the principal, he shall be struck from be liable for
the list of attornies,, and neMer more suffered to plead in any of the courts in this state. An attorney
retaining mo-
ney received
. BENJAMIN WHITAKER, by him for a
o 7 r 7 XT- r r> • client, after
speaker oj the House oj Representatives . being ordered
. to pay the
WILLIAM RABUN, same by the
court, shall be
Fresident oj the Senate. struck from
Assented to, 7th December, 1812. 5, {SSl«/fc e ?"
D. B. MITCHELL, Governor.
82
JUDICIARY LAWS. 1812.
(No. 289.)
AN ACT
Explanatory of the several Judiciary Laws of this state.
BE it enacted by the Senate and House of Representatives of the state of Georgia^
Renewal of j n General Assembly met. and it is enacted by the authority of the same. That no part
judgments not * # . .
required. of the judiciary laws of this state shall be so construed as to require the renewal o£
any judgment as heretofore practised, or in any other manner whatever.
Assented to, 7th December, 1812.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President vf the Senate,
D. B. MITCHELL, Governor.
(No. 290,)
AN ACT
To repeal so much of the fifth section of an act, entitled An act to alter and
amend the several judiciary acts now in force in this state, so far as relates
to Justices' Courts, as requires persons claiming property under execution, not
a party to such execution, to take an oath, and to prescribe the oath to be taken
in such cases.
Repealing
clause.
What oath
shall be taken
"by claimants
of property
levied on by
virtue of exe-
cutions from
justices'
courts.
BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and it is enacted by the authority of the same, That so much
of the fifth section of the above recited act as requires persons, claiming property un-
execution, not a party to such execution, to make oath that such property is not liable
to such execution, be, and the same is hereby repealed ; and that in all cases of
executions from any justices' courts in this state, levied on property claimed by
any person not a party to such execution, such person shall make oath that the
property levied on is his, her or their right and property, or his, her or their pro-
perty as attorney, agent, guardian, executor or administrator, as the case may be, to
JUDICIARY LAWS. 1814, 1815. 333
the best of his, her or their knowledge and belief, and shall moreover give security in (No. 290.)
terms of the said fifth section. . Claimant to
. . give security.
BENJAMIN WHITAKER,
Speaker of the House of Representatives ,
JARED IRWIN,
President of the Senate, pro tern.
Assented to, 23d November, 1814.
PETER EARLY, Governor.
AN ACT (No. 291.)
To require the judges of the Superior Courts to transmit to his excellency the
Governor the rules of practice established in their respective circuits. »•
BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That Judges of the
it shall be the duty of the judges of the Superior Courts in this state to transmit to his Courts to
excellency the Governor, on or before the first day of the next session of the General G vernor°the e
Assembly, the rules prevailing in their respective circuits for the management of busi- r . ules . of P r . ac -
ness in the Superior Courts, to be by him sent to the legislature, to enable the General circuits.
Assembly (should it be deemed expedient) to establish an uniform practice of proceed- pose
ings in the courts in the different circuits of this state.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 16th December, 1815,
D. B. MITCHELL, Governor.
384
JUDICIARY LAWS. 1816.
(No. 292.)
AN ACT
When it shall
appear in
cases against
joint obligors,
&c. brought
in justices'
courts, that
any of them
were only se-
curities, judg-
ment shall be
entered up
against them
as such, &c.
The ej^cu-
tion, wilen sa-
tisfied by any
such security,
or out of his
property,
shall be under
his control, in
order to re-
munerate him-
self out of the
pi'incipal.
Proviso.
Supplementary to an act, entitled 'Jin act to amend the several Judiciary Acts now
in force in this state, so far as relates to Justices' Courts, passed on the 1 4th day
of December, 1811.
BE it enacted by the Senate-jind House of Representatives of the state of Georgia^
in General Assembly met, and it is hereby enacted by the authority of the same, That
in all cases in justices' courts commenced against joint obligors or promisors, if any-
one or more of them shall make it arjpear, to the satisfaction of the court, that he, she
or they signed said obligation as a security or securities only, it shall be the duty of
the justice to enter up judgment against him, her or them as such, and award execution
in the same manner, which, when satisfied by said security, or out of their property, he,
she or they shall have the control and benefit of said execution, for the purpose of re-
munerating him, her or themselves out of their principal, in the same manner as if they
had been security on the stay of execution : Provided, judgment and execution shall be
against the principal also.
BENJAMIN WHITAKER,
,. 'Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate.
Assented to, 12th December, 1816.
D. B. MITCHELL, Governor.
(No. 293.)
AN ACT
To explain and to enforce the judiciary act of seventeen hundred and ninety-nine?
as respects Special Pleadings in the several courts of law in this state.
Preamble. WHEREAS, the said judiciary was intended for the purpose of bringing parties
litigant to a speedy judicial decision without delay, and with as little costs as practi-
cable, and it was thereby intended that the small omissions of parties, clerks or she-
riffs, not affecting the real merits of the case, should in all cases (substantially set out)
be amended on motion, without delay or costs, and it having grown into practice in
JUDICIARY LAWS. 1818. 305
said courts, to give or grant a term, and sometimes nonsuit, for the smallest omis- (No. 293."
sions of the officers of said courts ; and as a further increase of the said practice may-
lead us back to all that tedious and expensive labyrinth of special pleadings, which the
said judiciary intended to avoid :
Sect. 1. BE it therefore enacted by the Senate and House of Representatives, in
General Assembly met, That in every case where there is a good and legal cause of Declaration
&HC1 SCl*VlCC
action, plainly and distinctly set forth in the petition, and there is in substance a w hensuffi-
copy. served on the defendant or defendants, Or left at their most notorious place of cient -
rj . . . . Amendments
abode, every other objection shall be on motion amended without delay or additional without delay
or costs, al-
costs. lowed.
Sect. 2. And be it further e?iacted, That no special pleadings shall be introduced or Special plead-
admitted, in either the Superior or Inferior Courts of this state, (other than in equity,) tie, except in
which shall be conducted in the same manner as is already pointed out by the judiciary ^^y*
system of this state now in force, and that every case shall be carried to the iury, and Cases shall be
. ... . tried upon the
tried upon the petition, process and answer alone, without regard to the practice now petition, pro-
grown into use in the several courts of law in this state ; and no nonsuit shall be swer .
awarded when the cause of action is substantially set forth in the declaration, for any Non-suit.
formal variance between the allegation and proof.
Sect. 3. And be it further enacted, That no part of an answer shall be stricken out No part of an
or rejected on account of being contradictory to another part of the same answer, but s t r i c ken out
the court shall be bound to suffer the whole answer to remain, if the defendant should f or ? ein S con "
7 tradictory to
desire it, and avail himself of any advantage he can or^may have under either or the another part
whole of the said answer, and proceed to trial accordingly.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives
MATTHEW TALBOT,
President of the Senate
Assented to, 19th December, 1818,
WILLIAM RABUN, Governor.
D
3S6
JUDICIARY LAWS. 1819.
(No. 294.)
AN ACT
Justices of the
peace may re-
quire non-re-
sidents apply-
ing 1 for any ci-
vil process to
deposit the
costs or give
security for
the same
To amend the Judiciary of this state, so far as respects Justices of the Peace.
BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met,, and it is hereby enacted by the authority of the same, That
from and after the passing of this actj it shall and may be lawful for all and every jus-
tice of the peace in this state, on application of any non-resident of the county or state
for any civil process, to require non-resident to deposit the cost or give sufficient secu-
rity for the same, any law, usage or custom to the contrary notwithstanding.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 9th December, 1819.
JOHN CLARK, Governor.
(No. 295.)
AN ACT
To regulate and establish an uniform practice in Justices' Courts.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Proceedings
in justices'
courts shall be Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
throughout That from and after the first day of January next, the proceedings in the justices'
courts shall be uniform throughout the state. .-
Appearance Sect. 2. Be it further enacted, That the first term shall be tj^emed and considered
as the appearance term, when the case shall be docketed on what shall be called the ap-
Judgment by pearance docket, and on the defendant failing to appear, judgment shall be entered by
Judgment default, as in the Superior Court ; and at the second term, unless there is a sufficient
term ; showing, judgment shall be entered up : Provided nevertheless, the party or parties shall
proviso. . ...
be entitled to an appeal, agreeable to the judiciary law now in force in this state.
JUDICIARY LAWS. 1819. 337
Sect. 3. Be it further enacted, That all justices of the peace shall have power, in (No. 295.)
all cases of debt or liquidated demand, to give judgment for any sum not exceeding Judgment
* 7 o j o j «-» ma y b e g> iv en
thirty dollars,, exclusive of interest and cost. for $30 exclu-
sive of inte-
rest.
DAVID ADAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate.
Assented to, 9th December, 1819.
JOHN CLARK, Governor.
AN ACT (No. 296.)
For the organization of a Court of Common Pleas, and of Oyer and Terminer,
for the city of Savannah, and for repealing the civil jurisdiction given by the
laws of this state to the Mayor and Aldermen, or to the Mayor of said city.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That there shall be organized in the city of Savan- a Court of
nah, on the last Monday in October next, a court of record, to be styled the Court of pleas and
Common Pleas and Over and Terminer for the city of Savannah, which said court Oyer and Ter
•f J . '- miner for the
shall have cognizance of civil cases in assumpsit, debt, covenant, trover, and of actions city of Savan-
nah establish-
on the case, when the damages or cause of action shall not exceed the sum of two hun- ed.
dred, nor shall be less than thirty dollars ; and the said court shall have criminal juris- ^J Jl
diction of all minor offences, committed within the limits of the citv of Savannah, and Criminal ju-
, J risdictioc.
which do not subject offenders to confinement in the penitentiary.
Sect. 2. And be it further enacted, That the judge of said court shall be elected by The judge
the legislature immediately after the passing of this act, and shall hold his office for the e(1 b the
term of three years, unless removed therefrom by the Governor, on the address of two- l e gi s l ature «
, j ' Continuance
thirds of both houses of the General Assembly for that purpose ; and the said judge shall in office.
have power and authority to hear and determine all civil causes of which the said court .^ "^l^&
has jurisdiction, and to give judgment and award execution thereon : Provided always, Jury trials in
i . , ,. . . civil cases re
that either party in any such cause shall be entitled to a trial by jury, upon entering a gulated.
3 D 2
388
JUDICIARY LAWS. 1819.
(No. 296.) demand thereof in writing on the docket of the said court, before! the opening of the
court on the first day of the term to which the said cause is returnable, and upon giving
security for the payment of the eventual condemnation money and costs, as upon the
entry of appeals under the judicial statute of this state.
Said court Sect. 3. And be it further enacted, That the said court is empowered to compel the
the^pi-oduc- production of books, papers and writings, in the possession of any party to a suit in said
tion of books, courti containing evidence pertinent to the cause in question, conformably to the sixth
section of the judicial statute of this state.
Process in Skct. 4. And be it further enacted, That the process in civil suits in said court shall
said court re- De conformable to the eighth section of the judicial statute; of this state, excepting that
g ted. the process to all suits in said court shall be annexed by the clerk of the court, and served
The 9th sec- by the sheriff" of the same, ten days before the return thereof; and for conducting pro-
dicial stat-ite ceedings in said court, the provisions contained in the ninth section of the judicial sta-
to govern said tute sna u De j n force, to carry to trial any suit in said court, according to the mode
prescribed in the second section of this act.
Answer, when Sect. 5. And be it further enacted, That Avhen any defendant shall have been served
with process, he shall file his answer in writing, in the terms of the judicial statute, on
Default, or before the opening of the court at the term to which the same is returnable : if the
defendant shall fail to file his answer in manner aforesaid, the judge of the said court
shall note the default on the docket, and shall in such case, and in all cases which are
not docketed for trial by a jury, in terms of the proviso of the first section of this act,
proceed to give judgment and award execution thereon at the same term, upon due
imparlance. proof of the plaintiff's claim j but in all cases which are so docketed, an imparlance
shall be allowed until the next succeeding term.
Kail cases to Sect. 6. And be it further enacted, That in all cases in said court in which bail is
be covcrncd
by tlie general required, that the bail and proceedings thereon shall be conformable to the laws of this
aw o ie state, or to such statutes upon the same subject, as may be hereafter enacted by the
general assembly.
The 19th, Sect. 7. And be it further enacted, That the nineteenth, twentieth, twenty-first and
22d 'sections twenty-second sections of the judicial statute of this state shall be in force in the -said
5tatute J in 1Cia court > excepting that writs of subpoena shall be issued by the clerk of said court, and
force m said served by the sheriff of the same, a city constable, or some private person; and that
Exception as tne provisions of the act, passed the 16th December, 1811, to alter and amend the
to subpoenas, twenty-third section of the judiciary Jaw of this state, passed the 16th February, 1799,
1811, altering shall likewise be of full force in said court, excepting that it shall not be necessary to
and amending"
JUDICIARY LAWS. 1819.
389
give more than three days notice of an intention to take testimony by commission, (No. 296.)
which commission
plication therefor.
which commission it shall be the duty of the clerk of the said court to issue upon ap- the 23d sec
tion of the
judiciary law
of 1799, also in force. Exception.
Sect. #. And be it further enacted, That the twenty-fourth, twenty-fifth, twenty-
eighth, twenty-ninth, thirtieth, thirty-first and thirty-second sections of the judicial
statute of this state, shall be in full force in said court, excepting that all claims to pro-
perty, made under the provisions of the thirty-second section aforementioned, shall be
returned by the sheriff of the court to the clerk of the Superior Court of Chatham county,
in ten days after the institution of such claim, to be decided upon by a jury at the ensu-
ing term of the Superior Court of said county.
The 24th,
25th, 28th,
29th, 30th,
31st and 32d
sections of the
judicial sta-
tute of the
state likewise
in force.
Exception as
to claims.
Sect. 9. And be it further enacted, That no confession of judgment shall be entered up Confession of
ludsrm&ivt re*
in said court, unless the defendant resides within the city of Savannah, and unless the ^ulated.
cause has been regularly sued out and docketed, nor until such cause is called in order
by tjjje court for trial.
Sect. 10. And be it further enacted, That all sales of property taken under execution Sales by the
sheriffs of* Sftid
by the sheriff of said court, shall be made conformably to the laws of the state regulating COU rt, how
sheriffs' sales. \ made '
Sect. 11. And be it further enacted, That in all cases in which a verdict shall be
rendered in said court, the party in whose favour it may be shall be allowed to enter
and sign judgment thereon, at any time within three days after the adjournment of the
court, at the clerk's office, for the amount of such verdict and all legal costs ; and no exe-
cution shall issue on such verdict until such judgment shall be entered by the party or
his attorney.
Sect. 12. And be it further enacted, That the clerk and sheriff hitherto of the Mayor's
Court of Savannah, shall be the clerk and sheriff of the court created by this act, but
such clerk and sheriff shall continue to perform all the duties required of them by the
ordinances of the mayor and aldermen of the city of Savannah ; and the said clerk and
sheriff are hereby declared to be entitled to the same fees as are by law allowed to the
clerks and sheriffs of the Superior and Inferior Courts of this state.
Judgments
upon verdicts
may be signed
within three
days after the
adjournment
of court.
No execution
shall issue un-
til such judg-
ment shall be
entered.
Sheriff and
clerk hitherto
of the Mayor's
Court, shall
be sheriff and
clerk of the
court first
aforesaid.
Their fees.
Sect. 13. And be it further enacted, That the recorder of the city of Savannah shall, in The recorder
the event of the absence of the solicitor general of the district, prosecute all delinquents (*„ fhe absence
for crimes and offences cognizable by said court ; and the said recorder, in all criminal of the solicitor
7 general ot the
prosecutions conducted by him, shall be entitled to receive the same fees as by law are district, shall
prosecute
crimes, &c. His fees.
390 JUDICIARY LAWS. 1819.
(No. 296.) allowed to the solicitors general of the state, reserving to the solicitor general of the
rhe right of district tne right to conduct such prosecutions, and to receive the same fees as are
prosecutions allowed by law in the Superior Courts of this state,
reserved to the
solicitor gen.
The clerk Sect. 14. And be it further enacted, That the clerk of said court shall copy, into a
shall record book of record to be provided by the mavor and aldermen of Savannah, all the nroceed-
the proceed-
ings in civil ings in all the civil cases in said court, which entry of record shall be made within twenty
cases in said ..„ , , . , . - <*
court. days after the determination ol any cause, and the said clerk shall be allowed ten cents
Fees for re- f or eveY y hundred words of recording such proceedings, to be taxed in the bill of costs •
cording. r -.'•*. J
Minutes of the and the said clerk shall keep, from day to day, regular minutes of the proceedings of
court ' said court, which shall be signed by the judge.
Duties and lia- Sect. 15. And be it further enacted, That all the duties and liabilities attached to the
clerk and clerks of the Superior and Inferior Courts, and to the sheriffs of the counties, are hereby
sheriff of said at tached to the clerk and sheriff of this court, and the judge of said court is empowered
to exercise the same authority over the clerk and sheriff, as is legally exercised by* the
judges of the Superior Courts over the clerks of the Superior Courts, and over the
sheriffs of the counties.
Jurors, who Sect. 16. And be it further enacted. That all persons residing in the city of Savannah,
shall be liable • , .. , , . , ^ . , t , 1. •- ,
to serve as ano - who are liable to serve as jurors m the buperior Court, shall be liable to serve as
s : jurors in this court ; and it is hereby declared to be the duty of the said court to con-
Shull be sc-
lected, drawn form to the laws in force in this state, pointing out the mode of selecting, drawing and
ed according summoning jurors for the Superior Court ; and the forty-fourth section of the judicial
to the general statute is herebv declared to be in full force in said court ; and the oath to be adminis-
lawofthe
state. tered to all juries in said court, upon the trial of civil causes, shall be the same as is by
\irfes h/dvil ^ aw administered to the petit jurors in the Superior Courts.
cases.
Grand jury for Sect. 17. And be it further enacted, That the judge of the said court shall, previous
city how to tne adjournment of either of the terms of the same, draw, conformably to the laws
drawn. Q f ^jg sta te, twenty-four persons to serve as an inquest or grand jury for said court and
jurors for the city, and twenty-four persons for the trial of all civil and criminal cases of which the
and criminal sa ^ court has jurisdiction ; but no inquest or grand jury for the said court shall consist
business to be Q f i| ess than eighteen persons, though twelve persons of any grand jury may find a bill
Proceedings or make a presentment ; and it is hereby declared, that the mode of proceeding and trial
on crimma m ^\ criminal cases, in said court, shall be the same as is pursued in the Superior
Oath of jurors Courts of this state, and that the oath to be administered to jurors and witnesses, upon
the trial of criminal cases, shall be the same as is administered to jurors and witnesses
in criminal cases in the Superior Courts.
JUDICIARY LAWS. 1819. 39 1
Sect. 18. And be it further enacted, That the clerk and sheriff of the court created iNo. 296.)
by this act, shall respectively take the oath required by the judicial statute of this state, 0atn of the
•lerk and
to be taken by the clerks of the Superior and Inferior Courts, and by the sheriffs of the sheriff of said
counties, excepting that in the clerk's oath the following words shall be substituted,
(after the words "and other proceedings") : "of the Court of Common Pleas and of
Oyer and Terminer for the city of Savannah ;" and in the sheriff's oath the same style
of the court shall be inserted after the words " as sheriff," and the said oaths the By whom ad-
judge of said court, or the mayor of the city of Savannah, is hereby empowered to ad- mimstere(
minister.
Sect. 19. And be it further enacted, That there shall be twelve terms of the said Said court to
court in each year, and that the times of holding the same shall be on the last Monday monthly,
in each month, and the first term thereof shall be holden on the last Monday in October,
1826.
Sect. 20. And be it further enacted, That the salary to be allowed the judge of the Judge's salary-
said court shall be thirteen hundred dollars, to be paid quarterly by the treasurer of the
city of Savannah, out of the funds of the corporation of said city ; and the said judge, be- An oath to be
fore he enters upon the duties of his office, shall take the following oath or affirmation, taken by him
either before the Governor or before commissioners by him for that purpose appoint-
ed, to wit : " I do solemnly swear, or affirm, that I will administer justice without re- The oath,
spect to persons, and do equal right to the poor and to the rich, and that I will faithfully
and impartially discharge and perform the duties incumbent upon me as judge of the
Court of Common Pleas and of Oyer and Terminer for the citv of Savannah, according
to the best of my abilities and understanding, and agreeably to the constitution of this
state and the constitution of the United States ; so help me God."
Sect. 21. And be it further enacted, That the attorney's fee in each cause brought in Attorney's fee
said court, shall be one half of the fee by law allowed upon cases commenced and .tried
in the Superior Courts ; and upon all cases brought in the said court, there shall be shalfbe^idto
assessed the sum of three dollars, to be paid upon the institution of the same, to the tjie clerk upon
' the institution
clerk of the court, who shall make quarterly returns of the fees so received by him, and of each suit,
i 1 r 1 • n ^ , who shall
pay over the amount %o the treasurer of the city of Savannah, under the penalty of five make quarter-
hundred dollars, to be enforced by attachment against the clerk for a contempt. tUcU^trea-
, surer.
Penalty.
Sect. 22. And be it further enacted, That when either party to a cause in said court Exceptions to
shall take exceptions to any proceedings in a suit affecting the real merits of the same, SSTsSft
it shall be the duty of the said judge to cause to be made, and filed of record in said in sa i d c ° urt
regulated.
court, a just and true statement of the facts relating thereto, and of all legal points
arising therein, and the said party, after a full compliance with the law of the state re-
392 JUDICIARY LAWS. 1819.
(No. 296^ gulating the granting of certiorari, may apply to the judge of the eastern district for a
Certiorari. writ of certiorari, who shall issue the same, if he shall deem the exceptions taken to be
sufficient.
Suits, &c. in Sect. 23. And be it further enacted, That all suits and other processes which have
Court shall been instituted or ordered in the Mayor's Court of Savannah, and which shall remain
to a^ddeter- un decided and unexecuted on the last Monday in October next, shall be transferred to
mined in the the court created by this act ; and it shall be the duty of the court to proceed to the de-
court created t . ■ t .
by this act. termination and trial of all such suits, conformably to the provisions of this act ; and
Records of tne rec0 rds of the said Mayor's Court are hereby declared to be a part of the records
the Mayor's J J r
Court made a of the court created by this act ; and the clerk of this court shall, upon motion first
part of the re- . . . .
cords of the made to the court for that purpose, issue execution upon all judgments which have
sa i^ " been or may be obtained in the said Mayor's Court.
Executions upon judgments in the Mayor's Court, how issued.
Repealing Sect. 24. And be it further enacted, That all laws or parts of laws of this state, mili-
tating with this act, shall be, and they are hereby repealed, so far as the same may ope-
rate to defeat the provisions of this act.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 18th December, 1819.
JOHN CLARK, Governor.
JUDICIARY LAWS. 1819. 393
AN ACT CKa. 297-
To carry into effect the fourth and fifth sections of the third article of the Consti-
tution of the state of Georgia.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That there shall be five justices of the Inferior Court in and for each county of this There shall be
J • rive justices 01
state, who shall be elected on the third Tuesday in October, in the year of our Lord the Inferior
• i 1 1 \- ■ Court in each
one thousand eight hundred and twenty-one, who shall be commissioned and hold their county.
respective offices until the first Monday in January, in the year of our Lord one thou- When elect-
sand eight hundred and twenty-five, and until their successors shall be elected and qua- Cont i nuance
lifted ; on which said first Monday in January, one thousand eight hundred and twenty- in offi ce.
five, the justices of the Inferior Courts shall be again elected, and from thence on the justices of the
first Monday in January, in every fourth year thereafter, by the electors entitled to vote j™ erior
for members of the General Assembly; which elections shall be held and conducted lated.
in the same manner as pointed out by law for the election of clerks and sheriffs ; and ed to be com
the persons so elected shall be commissioned by the Governor, and continue in office missioned b y
r J 1 the Governor
for the term of four years, and until their successors are elected and qualified, un- Term of of-
less removed by impeachment for malpractice in office, or by the Governor on the ad- e "
dress of two-thirds of both branches of the General Assembly ; and when any vacancy Vacancies,
shall happen, by death, resignation or otherwise, of any of the justices of the Inferior
Court, it shall be the duty of two or more of the justices of the Inferior Court, or jus-
tices of the peace of the county in which such vacancy or vacancies shall happen, to
give at least twenty days notice, by advertisement at three or more public places in such
county, previous to the election, to fill such vacancy or vacancies ; which election shall
be held and conducted in the same manner as by this act expressed.
Sect. 2. And be it further enacted by the authority aforesaid, That there shall be There shall be
two justices of the peace in each captain's district in the several counties of this state, the peace in °
who shall be elected on the first Saturday in January, eighteen hundred and twenty-one, e .™: ca P tain s
and on the first Saturday in January every fourth year thereafter, by the citizens of the when and in
district to which they respectively belong, entitled to vote for members of the General v ^ ha J manner
Assembly ; which election shall be superintended by three freeholders of the district, The election
whose duty it shall be to take the following oath, to be administered by the captain or Je^edbv™""
commanding officer of said district, or any magistrate of the county, to wit : u I, A. B. three free-
J holders.
do solemnly swear, that I will, to the best of my abilities, superintend the election of Their oath,
justices of the peace for this district ; so help me God." And said freeholders shall
3 E
394 JUDICIARY LAWS. 1819.
(No. 297.) transmit a return of said election, within twenty days, to his excellency the Governor,
Return of the wno \ s hereby authorized to commission the person or persons so elected accordingly;
Governor to and the said justices of the peace shall hold their appointments during the term of four
commission . t ._
those elected, years, and until their successors are elected and qualified, unless they shall be removed
Continuance by conviction, on indictment in the Superior Court, for malpractice in office, or for any
in office of ' . -• . ...
said justices, felonious or infamous crime, or by the Governor on the address of two-thirds of each
Vacancies, branch of the General Assembly; and when any vacancy or vacancies shall happen,
by death, resignation or otherwise, of any justice or justices of the peace, it shall be
the duty of one justice of the peace and two freeholders, which said freeholders, pre-
vious to holding said election, shall take the oath above prescribed, to advertise, in three
of the most public places in the district where such vacancy or vacancies may happen,
the time of holding an election for the purpose of filling such vacancy or vacancies, and
give at least fifteen days notice of the time and place when such election shall be held ;
and it shall be the duty of the said justice and freeholders to superintend such election,
and cer.ti.fy the same under their hands, to his excellency the Governor, who shall,
within ten days after receiving the same, commission the person or persons having the
Proviso. highest number of votes : Provided, the election is not contested.
Elections for Sect. 3. And be it further enacted by the authority aforesaid, That all elections for
lusticcs of the
Inferior justices of the Inferior Court shall be holden at the place of holding the Superior Courts
iustkeV^of the * n tne res P ect i ye counties ; and all elections for justices of the peace shall be Holden at
peace, where t h e usua l place of holding the Justices' Courts in the respective company districts.
Those who Sect. 4. And be it further enacted by the authority aforesaid, That where any per-
3X6 elected to w
fill any vacan- son or persons shall be elected to fill the vacancy of any justice of the Inferior Court
tmueb^ffice or justices of the peace, the person so elected and commissioned shall continue in office
only for the onlv for the time for which their predecessors were elected,
time for which J
their prede-
cessors were _ . TTXT ^ . -rx . -,,r~
elected. DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 21st December, 1819.
JOHN CLARK, Governor.
[ 395 ]
JURORS, GRAND AND PETIT.
AN ACT*
To authorize the Justices of the Inferior Court of the county of Wilkinson to
draw Grand and Petit Jurors for said county.
WHEREAS, the judge of the Superior Court did not draw grand and petit jurors Preamble,
at the last term of the Superior Court in the county of Wilkinson, to serve at April
term next, by which means the county will lose one term of the Superior Court, unless
otherwise provided for :
BE it therefore enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted, That the justices of the
Inferior Court of the county of Wilkinson, or a majority of them, together with the
sheriff and clerk of the Superior Court, do, and they are hereby authorized and required
to meet at the court-house in said county, on the first Monday in January next,
and then and there proceed to draw grand and petit jurors to serve at the Superior
Court, to be held in and for said county, on the first Monday in April next, any law
to the contrary notwithstanding.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
The justices of
the Inferior
Court of Wil-
kinson county,
with the she-
riff and clerk
oftheSuperior
Court, autho-
rized to draw
grand and
petit jurors, to
serve at the
next April
term of the
Superior
Court.
Assented to, 7th December, 1812.
D. B. MITCHELL, Governor.
* See act of 1815,- No. 303, by which the justices of the Inferior Courts in this state, with the sheriff and
clerk of the Superior Court, are authorized to draw grand and petit jurors in certain cases.
3 E2
9G
JURORS, GRAND AND PETIT. 1812.
(No. 299.)
AN ACT*
To authorize the Justices of the Inferior Court of Baldwin county to select fit
and proptr persons to serve as Grand and Petit Jurors.
Preamble. WHEREAS, the Inferior Court of said county failed to convene at the court-house,
in order to make that arrangement in terms of the law ; for remedy whereof,
The justices
of the Inferior
Court of Bald-
win county au-
thorized to se-
lect grand ju-
rors ;
And to correct
the petit jury
list.
In case the
justices should
not meet as
above direct-
ed, said selec-
tion to be
made before
the next Su-
perior Court.
Sect. l.^BE it enacted by the Senate and House of Representatives, in General As-
sembly met, and by the authority of the same, That it shall be the duty of the justices
of the Inferior Court of Baldwin, county, together with the sheriff and clerk, or a ma-
jority of them, to convene at the court-house in said county, on the first Monday in
February next, whose duty it shall be to select from the books of the receiver of tax
returns, fit and proper persons to serve as grand jurors, and correct the petit jury list,
under the same rules and regulations as directed by a law passed December 7th, 1805.
Sect. 2. And be it further enacted, That if the said Inferior Court should fail to
convene as above directed, that it shall be the duty of the said justices, sheriff and clerk
aforesaid, or a majority of them, to make such selection on or before the next Superior
Court thereafter, to be held in the said county of Baldwin.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate,
D. B. MITCHELL, Governor.
Assented to, 7th December, 1812.
* See act of 1817, No. 306.
JURORS, GRAND AND PETIT. 1812. 397
AN ACT (No. 300.)
To admit Grand Jurors to give evidence,
WHEREAS, doubts doth exist as to the propriety of admitting grand jurors to give Preamble,
evidence against persons who may have been sworn before them, when in session as a
grand jury, on account of that part of the oath which requires them to keep secret the
state's council, their own, and their fellows', which secresy ought not to exist longer
than the term, or after the bill is publicly read in court : for remedy whereof,
Sect. 1. BE it enacted by the Senate and House of Representatives, in General Assent- Grand jurors
bly met, and by the authority of the same, That all grand jurors shall be competent petent wit-
• - • pi'i* 1*1 c ncsscs where
witnesses m any court 01 record m this state, where it may be necessary, on account 01 it i s necessary
any thing that may be given in evidence before them, as a body of grand jurors ; any on account °f
law to the contrary notwithstanding. may be given
in evidence
before their
Sect. 2. And be it further enacted, That in future the oath to be administered to the ° y '
foreman of all grand juries shall be as follows, viz : " You, as foreman of the grand The oath to
jury of the County of ; shall diligently inquire, and true presentment make, of e( j to the fore'
all such matters and things as shall be given you in charge, or shall come to your know- ™ a P grand
ledge, touching the present service, the state's council, your fellows' and your own, you
shall keep secret, (unless called on to give evidence thereof in some court of law in this
state) : you shall present no one for envy, hatred or malice, nor shall you leave any
one unpresented, from fear, favour, affection or reward, or the hope thereof; but you
shall present all things truly, and as they come to your knowledge ; so help you God."
And the same oath which is taken by the foreman, shall be taken by each and every The same oath
member of any and all the grand juries in this state. each membe/
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate,,
Assented to, 12th December, 1812.
D. B. MITCHELL, Governor,
398 JURORS, GRAND AND PETIT. 1813.
(No. 301.) AN ACT
To authorize the Justices of the Inferior Court for the counties of Tatnall and
Emanuel to draw Grand and Petit Jurors.
BE it enacted by the Senate and House of Representatives of the state of Georgia,
Justices of the in General Assembly met, and it is hereby enacted by the authority of the same, That
of the counties ** shall and may be lawful for the justices of the Inferior Court for the counties of Tat-
of Tatnall and na jj an( j E manue l 5 or a majority of them, to meet at the court-house, or place appoint-
thorized to ed for holding courts in the said counties, on a day to be fixed on by them, and shall
draw grand - .... , .
and petit ju- then and there proceed to draw grand and petit jurors to serve at the ensuing spring-
term of the courts in said counties ; any law, usage or custom to the contrary notwith-
standing.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
. . . President of the Senate,
c ' •
Assented to, 6th December, 1813.
PETER EARLY, Governor.
JURORS, GRAND AND PETIT. 1814. 399
AN ACT (No. 302.)
To authorize the Justices of the Inferior Courts of Pulaski and Telfair counties,
ivith the Clerks of the Superior Courts and Sheriffs of said counties, to select
and draw Grand and Petit Juries for the next terms of the Superior Courts of
said counties.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That it shall be the duty of the justices of the Inferior Court of Pulaski county, toge- Justices of the
v i " • n- • • Inferior Court
ther with the clerk and sheriff,- or a majority of them, to convene at the court-house m of Pulaski
said counties, on the first Monday in January next, and then and there to select from the clerk and
the books of the receiver of tax returns, fit and proper persons to serve as grand and s ] ien i "' autho-
-..:.:■ ° nzed to select
petit jurors, under the same rules and regulations as are directed by law. grand and pe-
tit jurors.
Sect. 2. And be it further enacted, That it shall be the duty of the said justices of the And also to
Inferior Court, together with the clerk and sheriff, so soon as the said grand and petit and petit jury,
jurors are selected, to proceed forthwith to draw a grand and petit jury to serve at the nextternf'* &
next term of the Superior Court to be holden in said' counties.
Sect. 3. And be it further enacted, That the justices of the Inferior Courts of Telfair Justices of the
• , , , . i t • rr 1 • • 1 • i Inferior Court
county, with the clerk and sheriff, meet at any time, being sixty days previous to the f Telfair
sitting of the Superior Court, and- draw grand and petit jurors, and correct jury lists. county re-
draw grand
c A j • r and petit ju-
Sect. 4. And be it further enacted, That all laws and parts of laws militating against rors, and cor-
this law be, and the same are hereby repealed. lec ^ ury
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
JARED IRWIN,
President of the Senate, pro tern
Assented to, 22d November, 1814.
PETER EARLY, Governor,
400 JURORS, GRAND AND PETIT. 1815.
(No. 303.) AN ACT
To authorize the justices of the Inferior Courts in this state to draio Grand and
Petit Jurors in certain cases.
s
BE it enacted by the Senate and House of Representatives of the state of Georgia,
When the in General Assembly met, and it is hereby enacted by the authority of the same, That the
iiidtrcs of the
Superior justices of the Inferior Courts for the several counties in this state, or a majority of
fatlto draw them, together with the sheriff and clerk of the Superior Court, in any of their several
grand and counties, be, and they are hereby authorized and required, in all cases where there shall
petit jurors, J J
the justices or may have been a failure of the judges of the Superior Courts, in drawing grand and
of the Inferior . . i i i i . , .
Courts, or a petit jurors agreeable to law, to assemble at the court-house in their several counties^
ttenTwith at an y * ime which shall be to them convenient, and proceed to open their jury boxes,
the sheriff an( j draw from said boxes a sufficient number of names to serve as grand and petit
and clerk of _ .
the Superior jurors for their, or either of their said counties, at their next then depending Superior
ed to draw Courts; and the jury being so drawn, the said box or boxes again to seal and deliver,
together with the keys, to the proper officer: Provided, that said assemblage and draw-,
ing shall be at least sixty days previous to the commencement of the Superior Court at
which said jurors shall be liable to serve.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate,
Assented to, 30th November, 1815.
D. B. MITCHELL, Governor-
'
the same.
Proviso.
JURORS, GRAND AND PETIT. 1815. 40 1
AN ACT ( No - 3o4
More particularly to define and extend the power of Grand Juries in correcting
lists of tax returns.
WHEREAS, serious inconvenience has, and is likely to result from erroneous lists of Preamble.
tax returns being made out~for the collector : for remedy whereof,
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of When a per-
■ . > ;' ■'"■ j r j j son shall have
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, listed and paid
That in all cases where any person shall have regularly listed and paid his tax in the COU nty where
county where he resides, and be returned as a defaulter in another or different county j* e ^me'd
for the same tax, then, and in that case, the grand jury of the county claiming such de- as a defaulter
in another for
fault tax shall, on application being made by the collector of said county, certify to the the same tax,
* , , ,., . , , what shall be
fact, and request the comptroller general to countersign the same, so that it may serve done by the
as a sufficient voucher to authorize the treasurer of the state to credit the collector by grand jury °*
the same amount,, as -though it had been a part of his insolvent list. claiming such
r default tax.
Sect. 2. And be it further enacted, That when any collector, after being furnished Penalty on the
with the receipts of the receiver and collector of the county where the aforesaid tax has s h a ll execute
been paid, shall fail to apply to the grand jury for a certificate as aforesaid, and shall f\^person"so
proceed to execute, or have executed, the property of the person so returned as a de- returned as a
faulter, for each and every such offence he shall pay the sum of fifty dollars, to be ap-
plied to county purposes.
Sect. 3. And be it further enacted, That all acts or parts of acts repugnant to, or Repealing'
militating against the foregoing act, is hereby repealed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
, President of the Senate, -
Assented to, 8th December, 1815,
D. B. MITCHELL, Governor.
3 F
402
JURORS, GRAND AND PETIT. 1817.
(No. 305.)
AN ACT
Inferior Court
of .Jefferson
county requir-
ed to renut
the fines im-
posed on the
defaulting-
grand and pe-
tit jurors in
February
term, 1817.
For the relief of the Grand and Petit Jurors of Jefferson county*
BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That the
justices of the Inferior Court of the county of Jefferson be, and they are hereby au-
thorized and directed to remit the fines imposed by the court on the defaulting grand
and petit jurors of said county in February term, 1817.
BENJAMIN WILLIAMS,
. . Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate,
Assented to, 27th November, 1817.
WILLIAM RABUN, Governor,
(No. 306.)
AN -ACT
To authorize the justices of the Inferior Court of Baldwin county to select fit and
proper persons to serve as Grand and Petit Jurors.
Preamble. WHEREAS, the jury box of said county has been accidentally broken open, and the
tickets all destroyed ; and for remedy whereof,
The justices BE it enacted by the Senate and House of Representatives-, in General Assembly met,
Court of bIm-' and by the authority of the same, That it shall be the duty of the justices of the Infe-
with^sh'e- rior Court of Baldwin county, together with the sheriff and clerk of the Superior Court,
riff and clerk or a ma iority of them, to convene at the court-house in said county, at any time they
of the Supe- J J r i % i r i~ ' r
rior Court, re- may appoint, whose duty it shall be to select from the books ol the receiver ol tax
JURORS, GRAND AND PETIT. 1817. 4 03
returns, fit and proper persons to serve as grand jurors, and correct the petit juror list, (No. 306.)
under the same rules and regulations as directed by a law passed the 7th December, i^f: t0 se ~
1805. sons for grand
jurors, and to
BENJAMIN WILLIAMS, ^t" jury list.
Speaker, of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 19th December, 1817.
WILLIAM RABUN, Governor
3 F
[ 404 ]
LANDS, ACTS RELATIVE TO.
AN ACT
To afford temporary relief to the purchasers of Fractional Surveys, and to pre-
vent the said fractions from being sold for the tax thereof until they are paid
for to the state.
Sect. 1. BE it enacted by the Senate and House of Representatives, in General As -
Indulgence sembly met, and by the authority of the same, That purchasers of fractional surveys in
purchasers of the late purchase in the counties of Baldwin and Wilkinson, upon paying up all the in-
fractional sur- terest due, and to become due on their respective bonds, up to the first day of May
counties of next, and also to pay into the treasury of this state, one-third of the'principal of the
Baldwin and ' X ' J .
Wilkinson. sum or sums that may then be due and owing to the state for such fractions, shall not
be compelled to pay any further sum until the end of twelve months thereafter, any law
to the contrary notwithstanding.
No purchaser Sect. 2. And be it further enacted by the authority aforesaid, That no purchaser of
entitled to the f ract i on al surveys shall be entitled to any of the benefits of this act, until they shall
act until he have given new, good and sufficient security, to be approved of by his excellency tne
given new se- Governor, or the former security shall have re-acknowledged themselves further bound ;
former secu- an d in all cases where the former security shall have become doubtful, in that case his
acknowleda^ 6 exce ^ enc y the Governor may require such new security as he may deem sufficient. And
ed himself provided nevertheless, that nothing in this act contained shall prevent the foreclosure of
further bound. r . . ~
Proviso. tne bond and mortgage given in payment for the first sale of fractions, in the counties
of Wayne, Wilkinson and Baldwin.
LANDS, ACTS RELATIVE TO. 1811. 4Q5
Sect. 3. And be it further enacted, That the treasurer shall place into the hands of the (No. 307.)
proper officer or officers the bonds and mortgages given for the payments of fractional ^J^' £
surveys, in the first purchase of Wayne, Wilkinson and Baldwin. the foat^pur-
placed in the hands of the proper officer.
Sect. 4. And be it further enacted, That no tax collector shall be authorized to sell ^fj^^e
anv fractional surveys, sold in the counties of Baldwin, Wilkinson and Wayne, in the sold by tax
J j ' i collcctorSe
late purchases ; and all such sales made by any tax collector, or other person acting un-
der, the authority of any such collector, shall be deemed fraudulent.
ROBERT IVERSON,
Speaker of the House of Representatives . •
MATTHEW TALBOT,
J President of the Senate,
Executive Department, Georgia.
x Assented to, 14th December, 1811.
D. B. MITCHELL, Governor.
AN ACT (No. 308.)
Supplementary to an act, entitled An act to point out the mode of rendering void
ull grants or other proceedings, founded on false or fraudulent returns, made
by persons not entitled to dt aws in the late land lotteries in this state, and to
repeal an act passed at the last General Assembly on that subject, passed the
22d December, 1808.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of The Governor
Georgia, in General Assembly met, and by the authority of the same, That immediately after appo ; n t three
the passing of this act, his excellency the Governor shall be, and he is hereby authoriz- commissioners
ed and required to appoint three fit and discreet persons as commissioners, whose duty l ar *d as has
been, or may
it shall be to sell all such land that has been or may be recovered in the Superior Courts, be recovered
not heretofore disposed of, and the said commissioners shall each give a like bond and r i or courts
security, take a like oath, and be governed in all respects, and sell on the said terms as dis osed* f '*
are pointed out in an act, entitled An act to sell and dispose of the squares and frac- Said commis-
xional parts of surveys of land in the seventh district, formerly Baldwin, now Twiggs bonTandse-*
county, which remain yet unsold or disposed of, the same being re-surveyed by David cunt y»
Sales regulat-
#
406 LANDS, ACTS RELATIVE TO. 1811.
(No. 308.) M c Cord, surveyor, appointed by his excellency the Governor to re-survey the fractional
surveys in said district, which were originally surveyed by Benajah Smith, surveyor,
and other lots therein mentioned, passed the 15th day of December, 1810.
Repealing Sect. 2. And be it further enacted, That this supplement shall be considered as a
g!«iusg e
part of the above recited act of 1808.
ROBERT IVERSON,
i Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
m
m Executive Department, Georgia,
Assented to, 16th December, 1811.
D. B. MITCHELL, Governor.
r-
(No. 309.) AN ACT*
To continue in force an act, passed the 22d day of December, 1808, giving fur-
ther time to the fortunate drawers in the late land lotteries to take out their
grants.:
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and Wis hereby enacted by the authority of the same
The time al- That the time allowed by the above recited act for taking out grants be, and the same
recited act for is hereby extended and continued until the tenth day of November, eighteen hundred
ffrantf ex- ail< ^ twelve, any law to the contrary notwithstanding.
tended to the
loth ofNo-^ ROBERT IVERSON,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
D. B. MITCHELL, Governor.
vember, 1812.
Executive Department, Georgia,
Assented to, 16th December, 1811
* Time extended by act of 1812, No. 310.
LANDS, ACTS RELATIVE TO. 1812.
407
AN ACT
(No. 310.)
*To continue in force an act, passed the 22d day of December, 1808, giving fur-
ther time to the fortunate drawers in the late land lotteries to take out their
grants.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia in General Assembly met, and by the authority of the same, That the time allowed
by the above recited act for taking out grants be, and the same is hereby extended and
continued until the first day of October, eighteen hundred and thirteen, any law to the
contrary notwithstanding.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate.
Executive Department, Georgia.
Assented to, 10th November, 1812.
Time for the
fortunate
drawers in the
late land lot-
teries to take
out their
grants ex-
tended to the
1st of October,
1813.
D. B. MITCHELL, Governor.
AN ACTf
(No. 311.)
To authorize the fortunate drawers in the late land lotteries in this state to take
out their grants until the tenth day of November, ISM, and after that day to
authorize any citizen of this state to take out grants in said lotteries.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor- Fortunate
gia, in General Assembly -met, and by the authority of the same, That all persons who m t h e i a 't e
may have drawn land in the late land lotteries of th>is state, or their legal representatives, ^ a t ^ e "^
be at liberty to take out grants for the lots of land drawn by them respectively, on pay- their grants
# o*" November,
1814.
* Time extended by act of 1813, No. 311.
f This act is amended by act of 1814, No. 313; which is also amended by an act of the same year, No. 314,
whereby the time is further extended, &c.
408 LANDS, ACTS RELATIVE TO. 1813.
(No. 311.) merit of the office fees, until the tenth day of November, eighteen hundred and fourteen,
any law to the contrary notwithstanding.
After the time Sect. 2. And be it further enacted. That after the tenth day of November next any
aforesaid any . . • - . '
citizen of this person or persons, citizens of this state, who shall apply at the necessary offices, may, on
payment°of payment of the usual fees for taking out grants in the late land lotteries of this state, take,
the usual fees, out an( j rece i ve i n his own name, a grant for any one lot of land in either of the land
may take out ' 7 ° J w
a grant for lotteries in this state, which shall not be then granted : Provided, that no person shall be
any lot drawn
in any of said authorized to take out a grant for any lot drawn by any orphan or orphans not then of
age, and having no legal representative in the state.
Proviso. . i ,
> BENJAMIN WHITAKER,
Speaker of the House $f Representatives*
WILLIAM RABUN,
President of the Senate.
Assented to, 2d December, 1813. -
PETER EARLY, Governor,
(No. 312.) AN ACT
To legalize a certain description of grants, which have heretofore or may here-
after be issued by the proper authority in this state.
Preamble, WHEREAS, it has so happened, in the course of Divine Providence, that a number
of persons, after having performed valuable services to the state, and were entitled to
bounties of land for their services, have departed this life before grants, have issued for
the same ; and whereas, several persons, since drawing lands in the late land lottery, have
died before the issuing of grants for the land ; and whereas, a number of grants have
been issued by the Governor of this state to persons after death, and as doubts exist as
to the validity of such grants :
Grants issued Sect. 1. BE it enacted, by the Senate and House of Representatives of the. state of
nor to gran- Georgia, in General Assembly met, and it is hereby enacted by* the authority of the same,
deTd^efore^ That all grants which have, or may be issued by the Governor of this state, to persons
the issuing of w j 1Q nave or may be dead before the issuing or signing of the same, shall be deemed,
made valid, held and considered as valid and legal in law, as if the said grantee or grantees had been
&c»
LANDS, ACTS RELATIVE TO. 1813. 40^
alive at the time of the issuing and signing of said grant or grants, and as such submitted (No. 312.)
to the jury, any law, usage or custom to the contrary notwithstanding.
Sect. 2* And be it further enacted, That all grants which have, or may be issued by Grants issued
the Governor of this state to females who have intermarried, or may hereafter intermarry have inter-
previous to the issuing and signing of the same, shall be deemed, held and considered SaTintermar-
as valid and legal in law, as if the said grantee or grantees had remained unmarried at r ? Previous to
... ° the issuing- of
the time of issuing and signing said grant or grants, and as such submitted to the jury, the same, le-
"* "* SfTillZCcl
any law to the contrary notwithstanding : Provided, nothing in this act contained shall
fre so construed as to authorize the admission of any grant or grants in courts issued for
lands on the south side of the Oconee river, prior to the late land lotteries.
BENJAMIN WHITAKER,
Speaker of the HoUse of Representatives,
WILLIAM RABUN,
President of the Senate.
Proviso,
Assented to, 6th December, 1813.
PETER EARLY, Governor.
AN ACT*
(No. 313.)
To amend an act entitled " An act to authorize the fortunate drawers in the late
land lotteries of this state to take out their grants until the 1 Oth day of November,
1814, and after that day to authorize any citizen of this state to take out grants
in said lotteries/' and for other purposes therein mentioned.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of After the 10th
Georgia, in General Assembly met, and by the authority of the same. That after the saiH °. f . Novembel >
citizens of* tins
tenth day of November, any person or persons, citizens of this state, who shall apply state > u P on
at "the necessary offices, may, on payment of one hundred dollars each, including the gToo Refill-
usual fees, take out and receive^ in his, her or their own name or names, a grant or uS^may
grants, for any lot or lots of land in either of the land lotteries of this state which shall *?? out in
, .- ? " tu 3«<tii their own
not be then granted. name s grants
■ , - to lots in the
late lotteries,
„______________ not before
" granted.
* See act of 1814, No. 314, supplementary to and amendatory of this act
3 G
410 LANDS, ACTS RELATIVE TO. 1814.
(No. 313.) Sect. 2. And be it further enacted, That from and after the first day of January next
After the 1st j t sna u an d may be lawful for any person or persons, citizens of this state, who shall
next, the same apply at the necessary offices, on payment of fifty dollars each, including the usual fees,
may be done . . ; .
upon payment to take out, and receive in his, her or their own name or names, a grant or grants for
fnchiding the anv * ot or ^ ots °f * an d m either of the land lotteries of this state, which shall not be
usual fees. t j ien g rante( l.
i , ■
After the 1st Sect. 3. And be it further enacted, That from and after the first day of March next,
of Ms/rcn Tipxt
the like may ' it shall and may be lawful for any person or persons, citizens of this state, who shall
the payment a PPty at tne necessary "offices, on payment of. twenty-five dollars each, including the
of $25 each, usua l fees, to take out, and receive in his, her or their own. name or names, a grant or
including- the 7 ~ ? o
usual fees. grants for any lot or lots of land in either of the land lotteries of this state, which shall
not be then granted.
After the 1st Sect. 4. And be it further enacted, That from and after the first day of May next, it
the same pri- shall and may be lawful for any person or persons, citizens of this state, who shall ap-
vilege allow- ^ at ^ e neceS sary offices, on payment of the usual fees for taking out grants in the
mentofthe l a te land lotteries of this state, to take out in his, her or their own name or names, a
usual fees. ....
grant or grants for land in either of the land lotteries in this state, which shall not be
then granted.
No person al- Sect. 5. And be it further enacted, That no person or persons shall be authorized
out a grant for to take out a grant for any lot drawn by, or for any orphan or orphans, who may not
bv^ or fo/any 1 nave Deen °f age for the term of one year at the time of taking out such grant or
by, or for any
orphan who
may not have
been of age fo* one year, or who has no legal representative in the state.
orphan who grants, or who have no legal representative in this state,
may not have
Repealing Sect. 6. And be it further enacted, That all acts or parts of acts militating against
this act shall be, and the same are hereby repealed.
BENJAMIN WHITAKER,
, Speaker of the House of Representatives.
JARED IRWIN,
N President of the Senate, pro tern.
Assented to, 5th November, 1814.
PETER EARLY, Governor.
LANDS, ACTS RELATIVE TO. 1814. 4H
AN ACT (No. 314.)
Supplementary to, and amendatory of an act, entitled An act to amend an act, en-
titled An act to authorise the fortunate drawers in the land lotteries in this
state to take out their grants, until the \0th day of November, 1814, and after
that day to authorize any citizen of this state to take out grants in said lot-
teries, and for other purposes therein mentioned, passed on the 5lh day of
November, 1814.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Fortunate
. 't^i i r drawers in the
Georgia, in General Assembly met, and by the authority oj the same, I hat the fortunate i a te land lot-
drawers in the late land lotteries of this state be, and they are hereby authorized, on r i ze dtotake
payment of the usual fees, to take out their grants until the first day of April next. SnhiTls? T
April next.
Sect. 2. And be it further enacted, That after the said first day of April next, any After the 1st
person or persons, citizens of this state, who shall apply at the necessary offices, may ° citizen^of
take out and receive in his, her or their own name or names, a errant or grants for any th , ls state ma y
' j take out
lot or lots of land in either of the land lotteries of this state, which shall not then be grants in their
r i ii i i* i r own name for
granted, on payment of one hundred dollars on each grant, including the usual fees. any land in ei-
ther of the lot-
teries not before granted, on payment of jj§100 on each grant, including the usual fees.
Sect. 3. And be it further enacted, That from and after the first day of June next, After the 1st
. . . . of June next,
it shall and may be lawful lor any person or persons, citizens of this state, who shall the same pri-
apply at the necessary offices, to take out and receive in his, her or their own name or e^onthep^av-
names, a errant or grants for any lot or lots of land in either of the land lotteries of this ment °} ® 50
' ° ° J , on each grant,
state, which shall not be then granted, on payment of fifty dollars on each grant, includ- including fees,
ing the usual fees.
Sect. 4. And be it further enacted, That from and after the first day of August next, After the 1st
it shall and may be lawful for any person or persons, citizens of this state, who shall next U fhe like
apply at the necessary offices, to take out and receive in his, her or their own name or P nvn<e g e a l-
rr J : ' lowed on pay-
names, a grant or grants for any lot or lots of land in either of the land lotteries of this me nt of $25,
• r r including the
state, which shall not then be granted, on payment of twenty-five dollars on each grant, usual fees.
including the usual fees.
3G2
412 LANDS, ACTS RELATIVE TO. 1814.
(No. 314.) Sect. 5. * And be it further enacted, That from and after the first day of October
After the 1st neJLti) [ t shall and may be lawful for any person or persons, citizens of this state, who
of October *
next, the like shall apply at the necessary offices, to take out and receive in his, her or their own name
TJrTVllcSTG 3.1-
lowed, on the or names, a grant or grants, for any lot or lots of land in either of the land lotteries of
the usual fees. tn * s state, which shall not then be granted, on payment of the usual fees.
No person al- Sect. 6. And be it further enacted, That nothing in this act contained, nor the act to
out any grant which this is amendatory, shall be so construed as to authorize any person or persons
m his own tQ ta ^ e out „ rant or g ran ts in his, her or their own name or names, for any lot or lots
name, for any ° ° . ' 7 J
land drawn by f ] ant i drawn by, or belonging to, any orphan or orphans, until the expiration of one
or belonging
to any orphan, year after such orphan or orphans shall become or lawful age ; and all grants issued in
after such or- ^ e name or names of any person or persons, for any lot or lots "of land in either of the
phan shall be- j anc j i otter i es f xh\ s state, drawn by, or belonging to, any orphan or orphans, until the
Grants issued expiration of one year after such orphan or orphans shall become of lawful age, such
foregoing pro- grant or grants shall be null and void to all intents and purposes, as if such grant or
vision, declar- g rants had not been issued.*
ed null and °
void.
Orphans, or Sect. 7. And be it further enacted, That all* orphans, or their legal representatives,
preventatives, shall be, and they are hereby authorized to take out and receive their grant or grants,
uw- arants 1 on p a y ment °f ^ e usual fees, until the expiration of one year after such orphan or or-
until the ex- phans shall become of lawful age.
piration of one l .
year after such orphans become of age.
Repealing Sect. 8. And be it further enacted, That so much of the above recited act as autho-
section. . .
nzes any person or persons, citizens of this state, to take out a grant or grants in
the late land lotteries in this state, in his, her or their own name or names, at the times
therein stipulated, and all other parts of said act, and all other acts or parts of acts mi-
litating against this act be, and the same is hereby repealed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 10th November, 1814.
PETER EARLY, Governor.
* This section amended by act of 1815, No. 315.
LANDS, ACTS RELATIVE TO. 1815. 413
AN ACT (No. 315.)
To amend the fifth section of an act supplementary to, and amendatory of an
act, entitled An act to amend an act, entitled An act to authorize the fortu-
nate drawers in the land lotteries in this state to take out their grants until
the tenth day of November, one thousand eight hundred and fourteen, and
after that day to authorize any citizen of this state to take out grants in said
lotteries, and for other purposes therein mentioned, passed on the tenth of
November, 1814.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, After the 10th
of January
That from and immediately after the 10th January next, it shall and may be lawful for next, citizens
r 1 • 1 1 it- 1 i rr- of the state al-
any person or persons, citizens ol this state, who shall apply at the necessary offices, to lowed to take
take out and receive, in his, her or their own name or names, a grant or grants for any theif mvn "
lot or lots of land, in either of the land lotteries of this state, which shall not hereto- names on the
payment of
fore have been granted, on payment of the sum of ten dollars on each grant. glO on each
grant.
Sect. 2. And be it further, enacted by the authority aforesaid, That the several state- The respec-
■ ■ "',;. . , tive fees of
house officers are authorized to receive, as a compensation for their' services on each the state-
grant when granted, to be deducted out of the aforesaid grant fees, the following sums, n each grant,
to wit: To the surveyor general, one dollar twenty-five cents; to the secretary of
state, one dollar fifty cents ; to the treasurer, twenty-five cents ; to the comptroller,
twenty-five cents ; to the Governor's secretaries, twenty-five cents.
Sect. 3. And be it further enacted by the authority aforesaid, That nothing contained
in this act, shall be so construed as to deprive orphans of the benefit of the act to which
this is amendatory.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate,
Assented to, 14th December, 1815.
D. B, MITCHELL, Governor,
414
LANDS, ACTS RELATIVE TO. 1815.
(No. 316.)
AN ACT
To authorize persons having grants to lands without plats thereof, to have those
lands re-surveyed, and the plats thereof recorded in the county and Surveyor
GeneraVs office.
Preamble. WHEREAS, it is found from experience, that there are many grants of land of re-
cord, in the secretary of state's office of this state, the plats whereof were, during the
revolutionary war, destroyed and taken from the office of the surveyor general, and no
evidence thereof remain therein. And whereas, it is both expedient and essential to
preserve and perpetuate the title to real estate thus acquired :
Persons hav-
ing 1 grants to
land without
plats thereof,
may have the
land re-sur-
veyed, and
the plats re-
corded.
Proviso, as to
caveats in such
cases.
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority' of the same,
That from and after the passage of this act, all and every person or persons, who may
be possessed of, or claim titles to any lands in this state, and to which land grants have
been passed by authority thereof, and are of record in the office of secretary of state,
but plats thereof are not of record in the surveyor general's office; that then, and in
that case, the person or persons so interested, and claiming lands thus situated, is, and
are hereby authorized, by obtaining a copy of such grant from the office of the secretary
of state, to apply to, and it shall be the duty of the county surveyor of the county in
which the lands may be situated, to proceed to admeasure, ascertain and describe the
same, in the best manner he can from the said copy grant, and such other evidence as
he maybe able to procure, either from persons or papers ; and after ascertaining the
same, to make a record thereof in a book, by him to be kept for that purpose, and adver-
tise the same for the term of three months, specifying therein to whom granted, and by
whom claimed; and it shall be the duty of the said county surveyor to make a return
thereof to the surveyor general's office within twelve months thereafter, and that the
surveyor general shall then record the same in his office : Provided nevertheless, that
any person interested therein may, at any time within the said three months, enter in
the office of the said county surveyor, or in the surveyor general's office, before the
same shall be there recorded, a caveat against such record, which caveat shall be tried
in the usual way of trying caveats against the passing of grants in the first instance ;
from which an appeal may be had by either party to the Governor, as heretofore prac-
tised.
Therecording Sect. 2. And be it further enacted, That in all cases when persons interested in, or
tain cases pro- claim titles to land already granted, the copy of which plats are not of record, but the
vided for.
LANDS, ACTS RELATIVE TO. 1815. 415
plats annexed to the original grants are in the possession of such person or persons (No. 316.)
claiming the same, it shall be lawful for such person or persons, at any time, to present
the same to the surveyor general, whose duty it shall be to record the same in his office ;
a copy from which, as well as a copy from those plats recorded in the surveyor general's Copies thereof
office, in pursuance of the foregoing section, (where the original plat cannot be had,) evidence. 6 ^
shall be held and deemed as legal evidence in all courts, where the titles to the said lands
may be called in question.
Sect. 3. And be it further enacted by the authority aforesaid, That it shall be lawful Fees of the
for the said county surveyor and the surveyor general, for all services required of them eralandcoun"
by this act, to charge and receive the same fees as they receive for like services in other ty surve y° r
cases. "
BENJAMIN WHITAKER,
speaker of the House of Representatives .
WILLIAM RABUN,
President of the Senate.
Assented to, 8th December, 1815.
D. B. MITCHELL, Governor.
(No. 317.)
AN ACT V '
More effectually to secure the good citizens of this state in their titles to their lands,
on the several streams and ivater-courses in the same.
Sect. 1.. BE it enacted, by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That where any stream or water-course is the boundary line of any tract or parcel of What shall be
land, and shall or may have changed its route, or formed its bed or channel through any any s ^ e ^ e
tract or tracts of land, or be changed or altered bv nature or art, so as to leave a part ( bein g" th e
70 - r boundary line
or the whole of any tract or tracts of land, on the opposite side from that on which it of any tract of
— . , * land) shall de-
was at the time of survey, then, and m that case, it shall be lawful for the proper owner viate or be
of said land, either by himself or agent, to call on the county surveyor or his deputy of ; ts or i^i na i
the county in which the land lay prior to such change, who is hereby authorized and
required to make an accurate survey of each part of a tract so cut oif, separately, in-
cluding the bed that such water-course formerly occupied, and make out a plat of the
same, plainly designating the land to which it was formerly attached, and record the
same in the county surveyor's office of the county in which the land originally lay ; which
channel.
416 LANDS, ACTS RELATIVE TO. 1818.
(No. 317.) said plat, when recorded and certified by the county surveyor as aforesaid, shall be re-
ceived as evidence of title in any court of record in this state having competent juris-
diction. £
Surveyor's Sect. 2. And be it further enacted, That the surveyor, when called on to perform any
" 1 such survey, shall be entitled to receive from the person for whom the land was so sur-
veyed, the same fees as are allowed in the fee bill now in force. »>
BENJAMIN WILLIAMS,
Speaker of the House of Representatives. \
MATTHEW TALBOT,
President of the Senate,
Assented to, 26th November, 1818.
WILLIAM RABUN, Governor.
(No. 318.) AN ACT*
To dispose of and distribute the late cession of land obtained from the Creek and
Cherokee nations of Indians by the United States, in the several treaties, one
concluded at Fort Jackson, on the ninth day of August, in the year eighteen
hundred and fourteen, and one concluded at the Cherokee Agency, on the
eighth day of July, in the year of our Lord one thousand eight hundred and
seventeen, and one concluded at the Creek Agency, on Flint river, the twenty-
second day of January, in the year of our Lord one thousand eight hundred
and eighteen.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General- Assembly met, and by the authority of the same, That the territory
lying south of and south-west of the Oakmulgee and Altamaha rivers, and bounding on
the counties of Wayne, Camden and the East Florida line, the Chattahoochee river, and
the Creek temporary boundary line, do form three counties, viz :
* See act of 1819, No. 322, amendatory and revisory of this act ; and to dispose of the territory acquired of
the Cherokees in 1819, by Calhoun's treaty.
LANDS, ACTS RELATIVE TO. 1818. 4 17
*A11 that part of said territory which lies west of a line to commence on the above (No. 318.)
temporary line, and two and three-fourth miles on the east side of Flint river, and run- Early county
defined.
ning south to the southern boundary of this state, shall form one county, to be called
Early county. And all the balance of said territory, which lies west of a line to com- Irwin county
mence at the ford of the Oakmulgee, commonly called Blackshear's ford, and running
south to the same boundary, shall form a county, called Irwin county. And the balance Appling
of said territory shall form one other county, called Appling county. The county of Ear j y coun t v
Earlv shall be laid off into districts of twelve miles and fortv chains square, as near as *° be divided
J . , into districts
convenience will admit, by running lines parallel with the dividing line between said of twelve
county and the county of Irwin and others crossing them at right angles, and numbered chains square,
from one to twenty-three. The districts shall be divided into squares of fifty chains, Manner of do-
. . in S it-
containing two hundred and fifty acres, by lines parallel with the district lines, and others g . % \. ' .
crossing them at right angles, and the parts of tracts bounding on Flint river, and on to be divided
. . . r . . i nto squares of
all other water-courses within the territory, to be disposed of by this act, containing one fifty chains,
hundred and sixty acres and under, shall be considered as fractions, and disposed of ** ow to be
accordingly; that fractions not lying on water-courses, containing less than a full sec- What shall be
tion or square, shall be considered fractions, and be disposed of by the state as other factions 6 on
fractions not drawn, for. The counties of Irwin and Appling shall be laid off into dis- wat er-courses,
tricts of twenty miles and ten chains square, as near as can conveniently be, by lines on water-
running parallel with the line dividing said counties, and others crossing them at right
Irwin and Ap-
angles j and those of Irwin county, numbered from one to sixteen inclusive, and those in pling counties
the county of Appling, from thirty-six to fifty inclusive, and divided into lots of seventy into districts
chains each way, containing four hundred and ninety acres each. And the surveyor ge- ot twent y
neral shall give to each district surveyor the necessary instructions for surveying, mark- chains square.
. ... ii • i i r " • • i • Manner of do-
ing and numbering, in a clear and perspicuous manner, the squares and tractions m his j n g it.
district, in conformity with the spirit and meaning of this act. To be divided
into lots of 490
acres each. Surveyor general to give necessary instructions to each district surveyor
Sect. 2. And be it further enacted, That all that part of said territory which lies
south and south-west of the Appalachee river, and adjoining the counties of Morgan,
Jasper, the Alkafahatchee river, and the present temporary boundary between this state
and the Creek Indians, and lying on the south-east side of the Chattahoochee river and
south-west of the Terreorer and Tugalo rivers, down the latter to the line of Franklin
county, and bounded by Franklin and Jackson counties, shall form four counties, and be
divided as follows, viz : f All that part of said territory which lies south and south-east ty defined ""
of a line to begin on the temporary boundary line where the same crosses Yellow river,
* See title " Counties, &c." act of 1319, No. 167", by which Early, Irwin, and Appling counties are organized.
f See title "Counties, &c." act of 1818, No. 161, by which Walton, Gwinnett, Hall and Habersham are or-
ganized.
3H
418 LANDS, ACTS RELATIVE TO. 1818.
(No. 318.) and running north, sixty degrees east, to the Appalachee river, shall form one county,
Gwinnett and be known and called Walton county ; and all that part of said territory which lies
and defined. south-west of a line to begin at the mouth of Big creek, and running south, thirty de-
grees west, to the top of the ridge and line of the county of Jackson, thence along said
line to the head of Appalachee river, thence down the same to the corner of Walton
Hall county county, shall form one county, and be called Gwinnett county ; and all that part of said
laid out. . -ii- r « •
territory which lies south-west of a line to begin at a place where captain John Miller
now lives, on the line of Franklin county, and running north, thirty degrees west, to the
Chattahoochee river, and down the same to Gwinnett county line, shall form one county,
Habersham and be called Hall county ; and all the balance of said territory shall form one other
Said territory county, and be called Habersham ; and the said territory shall be divided into thirteen
•° + be divided districts, as equally as conveniently can be, by running lines parallel with the lines
districts ; dividing the county of Walton and Gwinnett, and others crossing them at right angles,
And subdivid- and subdivided into tracts of fifty chains, containing two hundred and fifty acres each,
of 250 acres. by lines run as prescribed for subdividing the county of Early.
The surveyor Sect. 3. And be it further enacted, That the surveyor general shall be, and he is
general requi- i • i i • i • ■ -i ■' c \
red to appoint hereby authorized and required to appoint lit and proper persons, neither of whom shall
ru^anaTmark be a district surveyor, to run and plainly mark the several county and district lines in
the county and fa t above counties, except the districts, numbers ten, eleven, twelve, thirteen, fourteen
district lines ' r '
of said coun- and fifteen, in Appling county,
ties.
Exception.
Fractions to Sect. 4- And be it further enacted, That the fractional parts of surveys, which may
be created by the natural or artificial boundaries of said territories, except as is herein
excepted by the provisions of this act, shall be sold, and the proceeds thereof placed in
the treasury of the state.
As many sur- Sect. 5. And be it further enacted, That a number of surveyors, equal to the number
tricts to be °f districts, shall be appointed by joint ballot of the legislature in one general ticket, and
appointed by ^ e p erson having the highest number of votes shall be entitled to first choice of dis-
the legislature l ° °
The person tricts, and in that order, agreeably to the number of votes each surveyor so appointed
having the
highest num- ma Y receive. ,
ber of votes
entitled to the first choice of districts, and so on.
In case of tie, Sect. 6. And be it further enacted, That if two or more persons shall have an equal
rifirit of choice
how determi- number of votes, then, and in that case, it shall be determined by lot, under the superin-
tendance of the surveyor general, which person or persons shall be entitled to choice of
districts.
■
LANDS, ACTS RELATIVE TO. 1818. 4\g
Sect. 7. And be it further enacted, That no ticket shall be counted unless it be filled (No. 318.)
with the number of names from among the candidates equal to the number of districts. JJj^Sbj?
counted.
Sect. 8. And be it further enacted, That if any person shall offer and be elected a Any surveyor
. who shall be
surveyor, who shall hereafter be found deficient in the qualification necessary to a due found unquali-
execution of the duties required by this act, it shall be deemed a forfeiture of his bond, ^J r of ^
and himself and securities immediately liable therefor. hiabond!^
Sect. 9. And be it further enacted, That the respective surveyors shall give bond in Surveyors to
. give bond and
the penalty of ten thousand dollars, to his excellency the Governor and his successors in security.
office, with such security as he or a majority of the justices of the Inferior Courts of the
respective counties where the said surveyors may reside shall approve of, for the faith-
ful discharge of the trust reposed in them, and duties required of them by this act ;
Avhich bond shall be taken by the Governor or the aforesaid justices, and deposited in
the executive office.
surveyors.
Sect. 10. And be it further enacted by the authority aforesaid, That it shall be the Duties of the
duty of the surveyors, appointed in pursuance of this act, to make the surveys of the
districts to which they may be appointed, in their own proper persons, to mark or cause
to be marked, plainly and distinctly, upon trees, if practicable, otherwise stakes may
suffice, all lines which may be required to be run, for the purpose of making the sur-
veys in their respective districts, immediately after the boundary and district lines shall
have been run by the proper authority ; to cause all such lines to be measured with all
possible exactness, with a half chain, containing two perches of sixteen feet and one
half each, consisting of fifty equal links, which shall be adjusted by a standard, to be
kept for that purpose, in the surveyor general's office ; to take, as accurately as possible,
the meanders of all water-courses which shall form natural boundaries to any of the
surveys ; to note in field books, to be kept by them respectively, the names of the cor-
ner and other station trees, which shall be marked and numbered in such manner as the
surveyor general shall direct ; also all rivers, creeks, and other water-courses, which
may be touched upon or crossed, in running or measuring any of the lines aforesaid ;
transcripts of which field books, after being examined with the originals by the surveyor
general, and certified and signed, on every page, by the district surveyor returning the
same, shall be deposited in the surveyor general's office, there to be preserved as a re-
cord ; to make a return, within five months after the running the boundary and district
lines as aforesaid, of a map of the district to which they may respectively be appointed,
in which shall be correctly delineated, represented and numbered, in such order as the
surveyor general shall prescribe, all surveys within such districts, and also return, at
the same time, a detached plat of every such survey of land, certified and signed by
them, which plat shall be filed among the records in the surveyor general's office, nnd
3 H 2
420
LANDS, ACTS RELATIVE TO. 1818.
(No. 318.) from which a copy shall be made, to be annexed to grants ; and to conform to such in-
structions as they may receive from the surveyor general, from time to time, during
their continuance in office, and progress in the duties thereof, not militating with this
act.
Compensa-
tion of sur-
veyors.
Sect. 11. And be it further enacted by the authority aforesaid, That the surveyors
shall receive four dollars for every mile that shall be actually run or surveyed, as a full
compensation for all the duties required of them by this act, out of which sum they
shall defray the expenses of chain-men, axe-men, and every other expense incidental to
the said business ; and his excellency the Governor is hereby authorized and required
to issue his warrant on the treasurer, in favour of each and every surveyor, immedi-
ately after the boundary and district lines are completed, to the amount of four hundred
dollars each, to enable them to proceed without delay to the execution of their duties ;
for the balance, of which by this law they may be entitled, they shall receive a warrant
in like manner, on producing to his excellency the Governor a certificate from the sur-
veyor general, setting forth that such surveyor has completed the duties assigned him,
and also the number of miles so run and marked, and made his return conformably to
this act.
Compensa-
tion of the
s\irveyors who
may be em-
ployed in di-
viding- said ter-
ritory into
counties and
districts.
Sect. 12. And be it further enacted by the authority aforesaid, That the surveyor or
surveyors, who may be employed in dividing the said territory into counties and dis-
tricts, shall receive five dollars for each mile run and surveyed, and shall be allowed an
advance of one hundred and fifty dollars in manner aforesaid, out of which all expenses
incidental thereto must be paid, without any additional charge on the state ; and his
excellency the Governor is required to grant his warrant on the treasurer for the balance
of that service, so soon as he shall be advised by the surveyor general of its completion.
Land, how
disposed of.
Who shall be
entitled to a
draw or draws.
Proviso,
Sect. 13. And be it further enacted by the authority aforesaid, That the said land
shall be distributed by lot in the manner following, to wit : After the surveying is com-
pleted, and the returns made to the surveyor general, his excellency the Governor shall
cause tickets to be made out, whereby all the numbers of surveys in the different dis-
tricts shall be represented, which tickets shall be put in a box to constitute prizes, with
others to be denominated blanks, of which blanks the number or amount shall be deter-
mined by subtracting the number of prizes from the whole number of draws> to which
the said lottery shall be subject, upon the following principles, that is to say ; every
male white person of eighteen years of age and upwards, being a citizen of the United
States, and an inhabitant of this state three years immediately preceding the passage of
this act, including such as have been absent on lawful business, and all who served as
drafted men or volunteers in the late Indian war, whose residence has not been three
years in this state, and are now citizens of this state : Provided, they have resided, and
LANDS, ACTS RELATIVE TO. 1818. 421
continue to reside in this state since the time of said service or services being perform- (No. 318.)
ed shall be entitled to one draw ; that all officers and soldiers of the revolutionary war,
who are indigent or invalid, and who" were engaged and fought as such, on behalf of the
United States, in said revolutionary war, shall be, and they are hereby authorized to
have two draws in addition to those heretofore authorized by law ; and should any such
officer or soldiers aforesaid have been a fortunate drawer in either of the land lotteries
heretofore drawn in this state, he shall be, and he is hereby entitled to one draw in this
lottery, and shall be excepted from the general provisions of the oath prescribed by this
act so far as regards that part of said oath which requires persons to swear that they
have not been fortunate drawers in either of the previous lotteries in this state : Provid-
ed, the said officer or soldier shall swear that he is indigent or invalid, and that he was,
as such officer or soldier, engaged in the service of, and fought in behalf of the United
States in said revolutionary war ; and that all widows or orphans, whose husbands or
fathers were killed in the late wars with Great Britain and the Indians, shall be entitled
to one draw, in addition to those already allowed by this act to widows and orphans ;
every male person of like description, having a wife or legitimate male child or chil-
dren, under the age of eighteen years, or unmarried female child or children, shall be
entitled to two draws ; all widows, with like residence, shall be entitled to one draw ;
all families of orphans resident as aforesaid, under the age of twenty-one years, except
such as may be entitled in their own right to draw or draws, whose father is dead, shall
be entitled to one draw ; and all families of orphans, consisting of more than two, who
have neither father nor mother living, shall have two draws ; but if not exceeding two,
then such orphan or orphans shall be entitled to one draw, which shall be given in the
county and district where the eldest of said orphan or orphans, or guardian resides :
Provided nevertheless, that the person or persons who drew a prize or prizes in the late Proviso,
land lotteries, shall be excepted from any participation in the present lottery, except fa-
milies of orphans consisting of more than one person, and such other persons as are
herein excepted : Provided also, that the citizens of this state, who come under the pro- Proviso,
visions of this act as above contemplated, and who were legally drafted in the late war
against Great Britain or the Indians, and refused to serve a tour of duty, either in per-
son or by a substitute, shall not be entitled to the provisions of this act, as above con-
templated j nor any of those who evaded a draft by leaving the state or county in which
they resided, for that purpose. And if any minor or minors should draw land, the Guardians au-
guardian of said minor or minors shall have the right or privilege of applying to the takeoutgrants
Governor, and obtain the grant or grants therefor, upon the payment of lawful fees ; a I* their
but said guardian shall not be permitted to sell said land during the minority of said wards -
minor or minors.
Sect. 14. And be it further enacted, That lists of persons entitled to draw in con- Lists of per-
c ■ 1 • • c 1 • ii,,, , ... 1 1 sons entitled
tormity to the provisions ol this act, shall be taken and made out, within three months t o draw,
422
LANDS, ACTS RELATIVE TO. 1818.
(No. 318.)
when to be
taken and
made out.
Persons for
that purpose
to be appoint-
ed by the In-
ferior Courts,
&c.
Duty of per-
sons so ap-
pointed.
An oath to be
taken by
them.
The oath.
Said persons
shall adminis-
ter an oath to
all applicants
for draws,
other than wi-
dows, &c. &c.
The oath.
Guardians or
next friends
of any family
of orphans to
take an oath.
The oath.
Oath of revo-
lutionary offi-
cers or sol-
diers.
from the passing of this act, by such fit and proper person or persons as the Inferior
Court of each county in this state shall or may appoint for that purpose, not exceed-
ing two to each battalion district ; and it is hereby declared to be the duty of the said
Inferior Courts respectively, to make such appointments for the purposes aforesaid, to
attend at the place of holding justices' courts in each captain's district, on as many se-
veral days as the said Inferior Courts may deem necessary and appoint for that pur-
pose ; and it shall be the duty of such person or persons so appointed, to take and make
out such lists, and to give at least ten days notice of such attendance in the aforesaid
captain's district ; and the names of persons so entitled to draws, with the number of
draws to which they may be entitled, shall be entered, in alphabetical order, in a book
to be provided for that purpose, which lists or books shall, immediately after the same
shall be completed, and transcripts thereof deposited in the office of the clerks of the
Superior Courts, be transmitted by the said person or persons to his excellency the
Governor ; and the said persons thus appointed by the Inferior Courts shall, before
they enter upon the execution of the duty required of them by this act, take and sub-
scribe the following oath, to wit: " I, A. B. do solemnly swear, or affirm, (as the case
may be,) that I will not receive or register any name, except the person giving in shall
first take the oath prescribed by this act, so help me God ;" which oath any justice of
the Inferior Court is hereby required to administer ; and the said person or persons ap-
pointed to take the lists as aforesaid, shall administer to all applicants for draws, other
than widows, guardians or next of friends, of orphans and revolutionary officers and
soldiers who are indigent or invalid, and those who have served a campaign in the late
Indian war, and whose residence has not been three years in this state, the following
oath, ta wit : " I, A. B. do solemnly swear, or affirm, (as the case may be,) that I am a
citizen of the United States, and have resided in this state three years immediately pre-
ceding the passing of this act, and have not, during any part of that time resided upon
the Cherokee or Creek lands, or beyond the jurisdictional limits of this state, and am
now an inhabitant of this district ; that I was eighteen years of age at the time of the
passing of this act ; that I have, or have not a wife, child or children, (as the case may
be,) that I have not given in my name for any draw or draws in the present contem-
plated lottery, in any other part of this state ; that I have not drawn a tract of land in
the former lotteries in my individual capacity, or as an individual orphan, and that I
did not, either directly or indirectly, evade the service of this state, nor of the United
States, in any of the late wars carried on against Britain or the Indians ;" and all
guardians or next of friends, to any family of orphans, shall take the following oath, to
wit : " and that the orphan or family of orphans whom I now return is, or are entitled
to a draw or draws under this act, to the best of my knowledge ; so help me God."
And revolutionary officers or soldiers shall take the following additional oath to the
one prescribed to white males : " I, A. B. do further swear, that I was an officer or sol-
dier, (as the case may be,) during the revolutionary war, that I was engaged in the ser-
LANDS, ACTS RELATIVE TO. 1818. 423
vice of the' United States, and that I am an invalid or indigent officer or soldier of the (No. 318.)
revolutionary war," (as the case may be) ; and to those entitled to a draw by this act, The^oath to
for service rendered in the late Indian war, whose residence in this state have not been those entitled
three years previous to the passing of this act, the following oath : " I do solemnly s ° r * ice a in the
swear, or affirm, (as the case may be,) that I am a citizen of the United States, that I Jjj^jjj
performed a tour of duty in the late Indian war, (as a volunteer or drafted militia man residence in
r •> .the state has
of this state, as the case may be,) that I have been a resident of the same ever since not been three
. t t i • ' years previous
that time, and that I am now an inhabitant of this district, that I have not given in my to the passing
name for any draw or draws in the present contemplated lottery in any other part of ^scribed.
this state, that I have not drawn a tract of land in any of the former lotteries of this
state, so help me God ;" and to all widows the following oath : " I, A. B. do solemnly Oath of wi-
swear, or affirm, (as the ca$e may be,) I am a widow, that I have resided the three last
years in this state, and am now resident in this district, that I have not put in my name
for a draw in the present lottery in any other part of this state, and that I have not
drawn land in the former lotteries, to the best of my knowledge and belief ; so help me
God.' 1
Sect. 15. And be it further enacted, That the person or persons appointed by the In- Compensation
r 'iii -1. of persons ap-
ferior Court to receive and enter the names of applicants entitled to draws in the pre- pointed to re-
sent, lottery, shall receive for each draw twenty-five cents, to be paid by the applicant te * t h e i iame s
for said draw or draws ; and his excellency the Governor is hereby authorized and re- of a PP llcants -
. The Governor
quired forthwith to issue his proclamation, and cause the same to be published in one authorized to
of the gazettes of Milledgeville, Savannah and Augusta, setting forth the outlines of citation set-
this act, and requiring all persons interested therein to exhibit their claims in the coun- nng forth the
ties of their respective residence. act » &c -
Sect. 16. And be it further enacted, That as soon as the lists of persons entitled to Manner of
draws in the lottery, as aforesaid, shall have been received at the executive department, sa id land lotte-
his excellency the Governor shall cause tickets to be made out for carrying the said v ? P rescnbe "-
lottery into effect, in the following manner, that is to say ; blank pieces of paper, equal
in number to the whole number of draws to which the lottery may be subject, and as
equal in size as possible, shall be prepared, and on them shall be written, separately, the
names of the several persons entitled to draws as aforesaid, and the designatory remarks
which may appear against each name ; and the pieces of paper so written on shall be
deposited in one wheel, and the blanks and prizes on pieces of paper, also as equal in size
as possible, shall be deposited in another wheel, which prizes to be drawn for, shall be
composed of each whole square or tract of land, and also all fractions on Flint river, and
other water-courses, containing one hundred and sixty acres or upwards, according to
the return of the surveyor or surveyors : Provided nevertheless, that nothing herein con-
424
LANDS, ACTS RELATIVE TO. 1818.
(No. 318.) tained shall be so construed as to form fractions on any water-courses except the Flint
river, and such other streams as form the boundary of the territory to be disposed of by
this act ; and from each wheel, as nearly at the same time as can be, one ticket shall be
taken and delivered to the managers appointed to superintend the drawing of said lot-
tery, whose duty it shall be to have the name, if a prize should be drawn against it,
entered in a book to be provided for that purpose, and opposite thereto the number of
the lot so drawn, and the number of the district, and the name of the county in which
the same may be, and that his excellency the Governor shall cause one month's notice
of the day the drawing of the lottery will commence, to be given in the several gazettes
aforesaid.
The Governor
to give one
month's notice
of the day on
which the
drawing will
commence.
Vacancies of
district sur-
veyors, how
filled.
Sect. 17. And he it further enacted, That where vacancies may happen by death,
resignation, or otherwise, of any district surveyor or surveyors, appointed in pursuance
of this act, the Governor is authorized and required to fill up such vacancy or vacancies ;
and in case any surveyor shall fail to execute the trust reposed in him, either from inat-
tention or otherwise, in such manner as, in the opinion of the Governor, may render
doubtful the finishing the surveys within the time limited, he shall have power to de-
clare such appointment vacant, and to fill up the same as in case of other vacancies.
An oath to be
taken by the
surveyors.
The oath.
Chain-men to
take an oath.
The oath.
The axe-man
or marker to
take an oath.
Sect. 18. And be it further enacted by the authority aforesaid, That the surveyors to be
appointed in pursuance of this act shall, before they proceed to the duties of their ap-
pointments, take and subscribe the following oath or affirmation : to wit, " I, , do
solemnly swear, or affirm, (as the case may be,) that I will well and faithfully, to the utmost
of my skill and abilities, discharge the duties of surveyor for district No. — , agreeably
to the requisitions of this act, so help me God ;" which oath the surveyor general is
authorized and required to administer ; and all chain-men to be employed in pursuance
of this act, shall, before they enter severally upon their duty, take the following oath or
affirmation : to wit, " I , do solemnly swear or affirm, (as the case may be,) that I
will, to the utmost of my skill and judgment, measure all lines which I shall or may be
employed on as a chain-carrier, as accurately, and with as little deviation from the
courses pointed out by the surveyor as possible, and give a true account of the same to
the said surveyor, so help me God ;" and to every axe-man or marker, an oath similar
to the above, so as to effect the objects of his duty ; which oath the district surveyors
are hereby empowered and required to administer.
Preamble to
section 19th.
Grants found-
ed on illegal
surveys in said
territory de-
clared null
and void, &c.
Sect. 19. And ivhereas, it may so happen that persons have surveyed lands in the
aforesaid cessions contrary to law, and on which grants may have been issued : Be it
therefore enacted by the authority aforesaid, That all such surveys or grants are hereby
declared to be null and void to all intents and purposes, as though the same had never
been made or issued ; nor shall any survey or grant in the aforesaid cessions be admitted
LANDS, ACTS RELATIVE TO. 1818. 425
to a jury, as evidence of title to the lands in this act described, except those obtained by (No. 318.)
virtue and under the authority of this act, any law to the contrary notwithstanding.
Sect. 20. And be it further enacted. That all persons against whose names lands may Fortunate
J ■■..'./ drawers enti-
be drawn in pursuance of this act, shall be entitled to receive grants for the same, vest- tied to their
• i • 1 r • u grants on pay-
ing in them fee simple titles, on paying into the treasury ot this state the sum ol eighteen meut of g 18#
dollars for each tract so drawn and granted, in lieU of all fees of office and other charges
for surveying and granting the said lands : Provided nevertheless, That if any person or Proviso.
persons, entitled to such grant or grants, shall fail to pay the aforesaid sum, and take out
such grant or grants within two years from the completion of the lottery, except as herein
before excepted, the same shall revert to and be vested in this state.
Sect. 21. And be it further enacted ' bm the authority aforesaid, That all returns, made Grants fbund-
contrary to the true intent and meaning of this act, are declared to be fraudulent, and all lent draws,
. . til u declared null
grants issued in consequence of any draw made in the contemplated lottery, on such and void#
fraudulent return, are hereby declared to be null and void, and the lands so granted shall
revert to, and become the property of this state. And the question of fraud may be The question
r r • of fraud how
tried in a scire facias in favour of the state, against the tenant in possession, or the drawer, tried.
setting forth the circumstances specially ; and the land, when condemned, shall belong,
one half to the state and the other half to the informer.
Sect, 22. And be it further enacted, That lots Nos. 10 and 100, shall be reserved and Ff'fo^jjjj 1 ot
set apart in each surveyor's district for the education of poor children. education of
poor children.
Sect. 23. And be it further enacted, That the proceeds arising from the sales of the Monies arising
J from the sales
fractions, if there be any after defraying the necessary expenses, be set apart as a perma- of fractions
. .. . appropriated
nent fund for the purpose mentioned in the preceding section.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate,
Assented to, 15th December, 1818.
WILLIAM RABUN, Governor,
3 1
426
LANDS, ACTS RELATIVE TO. 1818.
(No. 319.)
AN ACT
Persons who
have had land
surveyed on
head rights, or
bounty, requi-
red to take
out their
grants in a
certain time,
otherwise to
revert to the
state.
Proviso.
Grants to land
hereafter so
surveyed shall
be taken out
within three
years from the
time of survey,
otherwise the
land shall re-
vert.
Proviso.
To limit the time for persons to take out their grants in this state, so far as relate*
to land surveyed on head rights and bounty icarrants.
Sect. 1. BE it enacted by the Senate and House of Representatives, in General As-
sembly met, and by the authority of the same, That from and after the term of two years
from the passing of this act, all persons who have heretofore had any tract or tracts of
land surveyed in this state on head rights or bounty, shall take out the grant for the
same, otherwise it shall revert to, and become the property of the state, and be subject to
be surveyed by any other person, who is authorized to survey the same, and obtain a grant
from the state : Provided nevertheless, that nothing herein contained shall be so con-
strued, as to operate against or prejudice the claim of any orphan or orphans.
Sect. 2. And be it further enacted, That the time hereafter to be allowed to persons
who may hereafter have any land surveyed in this state, on head right or bounty, shall
be three years from the time of making such survey, and in case of failure or neglect to
take out the grant, it shall revert to and become the property of the state, and be sub-
ject to be surveyed and granted to any person or persons, who are hereby authorized to
survey the same, with the same proviso as is contained in the above section.
BENJAMIN WILLIAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate. •
Assented to, 19th December, 1818.
WILLIAM RABUN, Governor,
#
LANDS, ACTS RELATIVE TO. 1819. 427
AN ACT ( No - 32O .
To legalize and make valid the returns for draws in the present contemplated land
lottery, which have been received by the Inferior Courts in this state.
WHEREAS, under the act disposing of the territories lately acquired from the Creek Preamble
and Cherokee nations of Indians, several of the Inferior Courts of the different counties
in this state felt themselves authorized to receive the returns for draws in said lottery,
in their own persons, and did accordingly receive returns, and make their returns to the
executive in terms of the said law. And whereas, some doubts have been entertained
whether the said returns were according to the true intent and meaning of the said act,
authorizing said lottery :
BE it therefore enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That J*™™*^
all'returns for draws in said lottery, which have been received by the members of any of by the mem-
. / • ftjT . . , -u bers of any ot
the Inferior Courts in this state, instead of appointing other persons to receive them, the Infer i or
and which have been returned to the executive office of this state, shall be taken, held turned"*
and considered as good and valid in law, as though they had been taken and returned by ^J^cutive
any person or persons, other than the Inferior Court, who might have been appointed i ze d.
by any Inferior Court, under the aforesaid statute for the aforesaid purposes, any law
or construction of laws to the contrary notwithstanding.
DAVID ADAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate,
Assented to, 9th December, 1819.
JOHN CLARK, Governor.
3 12
428
LANDS, ACTS RELATIVE TO. 1819.
(No. 321.)
AN ACT
For the relief of persons who were entitled to draw or draws in the land lottery,
agreeable to an act, entitled An act to dispose of and distribute the late cession
of land obtained from the Creek and Cherokee nations of Indians by the Unit-
ed States, in the several treaties, fyc. passed the fifteenth day of December,
eighteen hundred and eighteen.
Preamble, WHEREAS, it appears that a number of the good citizens of this state, by not be-
ing properly apprised of the provisions of the before recited act, or were absent from
the state on lawful business, and the time limited therein for giving in their names,
although duly qualified and entitled to a draw or draws, are now prevented from doing
so, in consequence of the justices who took in their names having made their returns
to the executive office as the law directs.
Persons enti-
tled to draws
in the land
lottery, may
give in their
names on or
before the 31st
of May next.
What to be
done by them.
Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That all persons duly entitled to a draw or draws in said lottery, who shall, on or be-
fore the thirty-first day of May next, go before the Inferior Court of their county, or
any justice of the same out of court, and take the oath prescribed by said act, shall re-
ceive from such court, or justice out of court, (he, she or they paying twenty-five cents
for each draw or draws he, she or they may be entitled to,) a certificate of the same ;
which certificate being transmitted to his excellency the Governor, he shall cause the
same to be entered on the list of names returned to him from the district where such
person or persons resided ; and such person or persons whose names are so entered,
shall be as fully entitled to their draw or draws as if they had been taken in the first
instance.
Certificates Sect. 2. And be it further enacted by the authority aforesaid, That all those certificates
vtouTto the 6 returned to the executive office by those persons who were appointed to take the list of
passing of this names of persons entitled to a draw or draws, or by any justice of the Inferior Court
or justice of the peace, previous to the passing of this act, shall be considered valid,
LANDS, ACTS RELATIVE TO. 1819. 429
and shall be enrolled in their proper places accordingly, and such persons entitled to (No. 321.)
said draw or draws as though they had given in as prescribed by said act.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 13th December, 1819.
JOHN CLARK, Governor.
AN ACT (No. 322.J
Amendatory and revisory of an act, passed the 1 5th day of December, 1818, to
dispose of and distribute the late cession of land obtained from the Creek and
Cherokee nations of Indians by the United States, in the several treaties ; one
concluded at Fort Jackson, on the ninth day of August, in the year 1814, and
one concluded at the Cherokee Agency, on the Sth day of July, in the year of
our Lord one thousand eight hundred and seventeen, and one concluded at the
Creek Agency, on Flint river, the 22d day of January, in the year of our Lord
1818 ; and to dispose of the territory lately acquired of the Cherokee Indians,
by a treaty held by the honorable John C. Calhoun, at the city of Washington,
on the 21th day of February, in the year of our Lord 1819.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That all that part of the territory aforesaid, which lies in the fork of the Chatahoochee Additional
and Chestatee rivers, and south-west of a line beginning on the Chatahoochee river, /Jj^Hali
where the line dividing the counties of Hall and Habersham corners on the same, and count Y-
running thence a due west course, until the same strikes the Chestatee river, be added
to and become a part of Hall county, and that the same be laid out into three districts, The same to
as nearly equal as practicable ; and that all of the said territory which lies north-east of to 3 districts.
the before recited line, and north-west of the Chatahoochee and Blair's line, until the An addition
made to Ha-
same strikes the top of the Blue Ridge, be, and the same is hereby added to, and become bersham coun-
a part of Habersham county, which shall be laid out into six districts, as nearly equal as '
v / ' ' J n To be laid out
practicable j and all the balance of the said territory shall form one county, to be called into 6 districts
The remain-
430
LANDS, ACTS RELATIVE TO. 1819.
and known by the name of Rabun,* and be laid off into five districts, as nearly equal as
practicable.
(No. 322.)
ing territory
to form the
county of Ra-
bun.
Districts, Nos.
5 & 6, in Ha-
bersham coun-
ty, and Nos. 1,
3, 4, & 5, in Ra-
bun, to be laid
off into tracts
of 490 acres
each.
Numbers 10,
11 and 12, in
the county of
Hall, and 1, 2,
3 & 4 in Ha-
bersham, and
No. 2, in Ra-
bun, to be laid
off into tracts
of 250 acres.
Fractions,
what consi-
dered as such,
and how dis-
posed of.
Sect. 2. And be it further enacted by the authority aforesaid, That the districts,
numbers five and six, in the county of Habersham, and districts numbers one, three,
four and five, in the county of Rabun, be laid off into tracts of seventy chains each
way, containing four hundred and ninety acres each, by lines running north and south,
intersected by others at right angles. The districts numbers ten, eleven and twelve,
in the county of Hall, and the districts numbers one, two, three and four, in the coun-
ty of Habersham, and district number two, in the county of Rabun, be laid off into
tracts of fifty chains each way, containing two hundred and fifty acres, by lines running
due north and south, intersecting others at right angles ; and that all tracts or lots which
shall contain less than one hundred and sixty acres, and lying on the Chatahoochee, the
Chestatee, the Chetauga, and the Terrura rivers, shall be considered fractional tracts.,
and disposed of accordingly; and that all other tracts or fractions lying on the dry lines,
containing less than full squares, shall be considered fractions, and shall be disposed of
accordingly ; and all other fractions containing above one hundred and sixty acres, ex-
cept on the dry lines, shall be drawn for as squares, and all the squares and such frac-
tions shall be put into the wheel and drawn at the same time as the squares and fractions
in the act to which this is a supplement.
Surveyor ge- Sect. 3. And be it further enacted by the authority aforesaid, That the surveyor ge-
instructions to neral shall give each district surveyor instructions, in conformity with those given
the district
surveyors.
agreeably to the act recited by this act in the caption of the same.
Three survey-
ors to be elec-
ted by the le-
gislature, to
lay off said
territory into
14 districts.
Their com-
pensation.
Sect. 4. And be it further enacted by the authority aforesaid, That there shall be
elected, by joint ballot of the legislature during the present session, three surveyors,
who shall lay off said acquired territory into fourteen districts, as nearly equal in size
as practicable, agreeably to the provisions of this act, and who shall receive four dollars
as a compensation for each mile run by them in laving out said districts, and running
the county lines agreeable to the provisions of this act.
14 surveyors Sect. 5. And be it further enacted by the authority aforesaid, That there shall be
to laVoffsaid elected fourteen surveyors in the manner above pointed out, who shall lay off the dis-
tricts into tY \ cts aforesaid into lots and fractions, agreeably to the provisions of this act, and who
iOtS s 5tC.
Their com- shall receive four dollars as a compensation for each mile run by them in laying off
pensation. ^-^ districts into lots and fractions as aforesaid.
* See title, « Counties, &c." act of 1819, No. 170, by which the county of Rabun is organized.
LANDS, ACTS RELATIVE TO. 1819. 431
Sect. 6. And be it further enacted, That the persons appointed agreeably to the (No 322.)
• ,'• T. 1 1 • l» A A oa District sur-
provisions of this act, to lay off said territory into districts, shall give bond and se- veyors to give
curity to his excellency the Governor in the penal sum of five thousand dollars, for J^nd se-
the faithful performance of their duty in three months from the date of their appoint- take an oath.
ments, and who shall take the oath prescribed by the before recited act.
Sect 7 And be it further enacted by the authority aforesaid, That the persons Checking sur-
o-cui. i. j-lii, j j .. _ veyorstogive
elected agreeable to the provisions of this act, to check off- said territory into lots, &c. bond and se-
shall give bond and security to his excellency the Governor, and take the oath pre- ^ea/oath.
scribed by the before recited act, and perform their duties in strict conformity with the
same, and for any failure shall incur the same penalties.
Sfct 8 And be it further enacted by the authority aforesaid, That the surveyors What sums
J . paid in ad-
respectively appointed by this act, shall be allowed the same sums in advance, and un- vance t0 sa i(j
.. -i-iur -xi^ surveyors,
der the same restrictions contained in the before recited act.
Sptt 9 And be it further enacted by the authority aforesaid, That the labour of Labour of the
' • • r "'-il' i! k district sur-
the three district surveyors to be elected agreeably to the provisions of this act, shall be veyorsto be
as nearly equalized as can . conveniently be by the surveyor general of this state, and ^LTof dis-
the person having the highest number of votes at said election shall be entitled to tricts regular
first choice of parts, and in that order agreeable to the number of votes they may re-
ceive.
Sect 10, And be it further enacted, That no ticket shall be counted, unless it shall What tickets
J . shall not be
contain the full number of persons to be elected either as district or checking surveyors, COU nted.
out of the number of candidates ; and each surveyor elected to check off districts shall
be entitled to choice agreeable to the provisions of the before recited act.
Sect. 11. And be it further enacted, That said territory, when surveyed, shall be Said territory
, t . ! • r i u to be disposed
distributed by lot in the same manner as prescribed by the thirteenth section o* the be- f by lottery.
fore recited act, with the exceptions hereinafter made.
Sect. 12. And be it further enacted by the authority aforesaid, That the lists of Lists of per-
., r-'-ii • sons now enU-
persons who may now be entitled to a draw or draws in conformity with the provi- t i e( i to draws,
sions of this act, shall be taken in and made out within three months after the passing w h att i me to
of this act, by fit and proper persons to be appointed by the Inferior Court in each ^ made out '
county for that purpose, under the provisions of the fourteenth section of the before re-
cited act.
432
LANDS, ACTS RELATIVE TO. 1819.
(No. 322.) Sect. 13. And be it further enacted by the authority aforesaid, That if any person
Persons who shall have failed to give in for the full number of draws to which they may have been
have not giv-
en in for their entitled under the thirteenth section of the act of the 15th December, 1818, to which
draws author- tn ^ s act 1S a supplement, such person, on making oath that he or she had no knowledge
izedtodoso. f tne provision so made in his or her favour, shall be authorized to give in for said
draws under the same rules and regulations as pointed out by said thirteenth section.
Persons ap-
pointed to re-
ceive returns
for draws, how
qualified and
paid.
Qualification
of persons
giving in.
Proviso.
Proviso.
Proviso.
Sect. 14. And be it further 'enacted by the authority aforesaid, That the persons ap-
pointed as aforesaid to take in the names of those persons entitled to draws, shall be
qualified and paid in the same manner prescribed by the before recited act, and the qua-
lifications of persons entitled to draws shall, in all instances, be the same ; and the same
oath or affirmation shall be administered : Provided, that nothing herein contained shall
be so construed to prevent any person or persons from giving in for a draw or draws,
who may have become entitled to the same since the passage of the before recited act, by
marriage, citizenship or otherwise : Provided, they were citizens of this state three years
immediately preceding the passing of this act ; or prevent any person or persons from
such draw or draws, who may have removed upon the territory acquired under any
treaty after the ratification of the same: And provided also, that no person or persons
shall be entitled to any draw or draws, who shall have resided upon said territory pre-
vious to the extinguishment of the Indian title to the same ; and that all persons, before
they be permitted to give in for draws, shall be sworn accordingly.
The Governor Sect. 15. And be it further enacted by the authority aforesaid, That his excellency the
is^uelfis pro- Governor is hereby authorized and required forthwith to issue his proclamation, and
clamation set- cause tne same x.o be published in any of the gazettes of Milledgeville, Savannah, Augusta
outlines of this and Washington, setting forth the outlines of this act for the information of citizens
entitled to the benefits thereof. And whereas, it may so happen that persons have sur-
veyed lands in the territory now contemplated to be disposed of, contrary to law, and
on which grants may have been issued :
act
Former sur- Be it therefore enacted by the authority aforesaid, That all such surveys or grants are
grants in said hereby declared to be null and void, to all intents and purposes, as though the same had
territory de- ne ver been made or issued, nor shall any survey or grant in the aforesaid cession be
and void. admitted to a jury as evidence of title to the lands in this act described, except those
obtained by virtue and under the authority of this act, any law to the contrary notwith-
standing.
The territory Sect. 16. And be it farther enacted by the authority aforesaid, That the territory before
act to be dis- laid out and defined agreeable to the provisions of this act, and that said territory shall
agreeably to ^e disposed of in the same manner, and under the same restrictions as contemplated by
act of 1818. tne before recited act.
LANDS, ACTS RELATIVE TO. 1819.
433
Sect. 17. And be it further enacted by the authority aforesaid, That should there be
more districts than there is contemplated in this act, and surveyors appointed for, that
the Governor shall in all such cases be authorized to appoint a surveyor for each and
every such district, as well in the present contemplated land lottery as the former, and
-to fill all vacancies that may occur in any of the appointments of surveyors, as well those
who were authorized to lay off the counties and districts as those to check the districts.
Sect. 18. And be it further enacted by the authority aforesaid, That this act is in full
conformity with the before recited act, except as herein before excepted, any law, usage
or custom to the contrary notwithstanding.
DAVID ADAMS,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate,
(No. 322.)
Governor au-
thorized to
appoint sur-
veyors in case
there should
be more dis-
tricts than are
contemplated
in this act.
May fill vacan-
cies.
This act de-
clared to be
in conformity
with the re-
cited act.
Assented to, 21st December, 1819.
JOHN CLARK, Governor.
3 K
[ 434 ]
LIGHT-HOUSE.
AN ACT
To cede jurisdiction over Jive acres of land on Wolf Tshnd. or part thereof across
the creek at the west end of said Island, for the purpose of erecting a Light-
House, or Beacons.
Jurisdiction
over a part of
Wolf Island
ceded to the
U. States for
the purpose
of erecting a
light-house,
&c.
Proviso.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act, the jurisdiction to and over five acres
of land on Wolf Island, in the county of M c Intosh, for the purpose of erecting a light-
house or beacons, be, and the jurisdiction thereof is hereby ceded to the United States
of America : Provided, the United States has or shall erect a light-house or beacons on
the same.
Further privi- Sect. 2. And be it further enacted by the authority aforesaid, That the United States
ege gran e . ^ America may t^ke a part of the said five acres of land across the creek at the west end
of Wolf Island, in the same manner and on the same terms prescribed above for Wolf
Island.
DAVID ADAMS,
Speaker of the House of Representatives.
MATTHEW TALBOT,
President of the Senate.
Assented to, 14th December, 1819.
JOHN CLARK, Governor
L 435 ]
LUMBER AND STAVES.
AN ACT
To amend an act to regulate the admeasurement and inspection of Lumber, Staves,
Shingles, and for other purposes therein mentioned.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assejnbly met, and by the authority of the same, That from and Sawed scant-
after the passing of this act, sawed scantling and boards, pipe, hogshead and barrel pipe, hogs- '
staves, shall be considered merchantable only when made, formed, shaped and condi- ^staves **"
tioned in the manner following;, to wit : All sawed scantling shall have three square when consi-
°' . ' dered mer-
edges, sound and without decay ; pipe staves to be at least fifty-four inches in length, chantable.
three inches in breadth, and one inch thick on the thin edge ; hogshead staves to be
forty-two inches long, three inches broad, and not less than three quarters of an inch on
the edge, sound and free from worm or knot holes ; barrel staves to be two and a half
feet long, three inches wide, and not less than three quarters of an inch on their edge,
sound and free from worm or knot holes.
Sect. 2. And be it further enacted, That all laws or parts of laws heretofore passed, Repealing
militating against this act, be, and the same are hereby repealed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate
Assented to, 18th December, 1816.
D. B. MITCHELL, Governor.
3 K2
[ 436 2
MILITIA.
AN ACT*
More effectually to provide for the organisation and equipment of the Cavalry of
this state.
Preamble. WHEREAS, the organization, arming and equipping of a good and efficient caval-
ry, are objects of the first necessity:
Sect. 1. BE it therefore enacted by the Senate and House of Representatives , in Gene-
The cavalry ral Assembly met, That the several troops of cavalry throughout the state shall be
organized into . . ~ . . . , , . , . . ,, ,
squadrons, re- organized, as heretofore, into squadrons, regiments, and one brigade ; and shall be in
one Trieade tnat P ro P ort i° n to the infantry which is pointed out by the militia laws of the United
States.
A squadron
shall be com-
manded by a
major ; a regi-
ment, by a
lieutenant-
colonel.
General bri-
gade com-
manded by a
brigadier ge-
neral.
Officers, how
elected, &c.
Sect. 2. And be it further enacted, That a squadron shall consist of not less than
three, nor more than five troops, and shall be commanded by a major ; a regiment, of
not less than two, nor more than three squadrons, and shall be commanded by a lieute-
nant colonel ; and it shall be so ordered, that to each regiment, brigade, and division of
the infantry, there shall be one troop, squadron, and regiment of cavalry, forming in
the whole, throughout the state, one brigade j and shall be commanded by a brigadier
general.
Sect. 3. And be it further enacted, That when vacancies may hereafter happen, the
brigadier general, as heretofore, shall be elected by the legislature ; the lieutenant colo-
* See act of 1818, No. 341, by the 33d section of which, all laws or parts of laws, organizing a brigade, re-
giment, or squadron of cavalry, are repealed, and which enacts that only one troop of horse shall be attached
to a regiment of infantry.
MILITIA. 1811. 43
nels and majors, by the commissioned and brevetted officers of regiments and squadrons (No. 325.)
respectively ; and the captains and subalterns by the members of the respective troops ;
the elections being conducted in the same manner, and under the same restrictions, as
are pointed out by law for the officers of the same grade in the infantry ; fifty days no- Notices of
tice being the notice to be given, of the time and place of holding an election for a lieu-
tenant colonel, forty for a major, and twenty for captains and subalterns ; and that the
officers of each squadron shall assemble separately, at the usual place of holding their
squadron parades, for the election of their field officers.
Sect. 4. And be it further enacted, That the brigadier general and lieutenant colonel Brigadier ge-
have the appointing their own staff, in conformity to the militia law of the United tenant colonel,
States ; and that the brigade major shall be commissioned by the commander in ^heir staff" 1
chief. Brigade ma-
jor, how com
missioned.
Sect. 5. And be it further enacted, That each captain shall parade and exercise his Musters regu-
troop at least four times in every year ; and that each squadron shall be called out once
in every year, to some fit and convenient place, for the purpose of being trained and
exercised, for a period not exceeding three days, by their brigade major, their lieutenant
colonel, their brigadier general, or the adjutant general of the state, as may be ordered.
Sect. 6. And be it further enacted, That all orders for any muster or rendezvous Orders for
shall be given on the parade verbally, or elsewhere in writing ; and that lieutenant co- ^ ow o-i'ven
lonels shall have fifty, majors forty, captains and subalterns twenty, and non-commis-
missioned officers and troopers, ten days notice.
Sect. 7. And be it further enacted, That the said companies shall have the power of Companies
. . m a y make
making bye-laws ; and the power of imposing, collecting and applying the fines arising bye-laws.
from non-attendance at troop, squadron, or regimental parades, shall be enjoyed by the Officers of
. ... . each, troop,
officers of each troop, squadron and regiment respectively, either in the capacity of &c. vested
.- ... ~ , . . . with a power
troop, squadron or regimental courts or enquiry, and m such way and manner as may f fining-.
be deemed the best calculated to promote the great objects of order, uniformity, dis-
cipline and organization : Provided, the fines so imposed shall not exceed the fines Proviso,
imposed on the infantry in like cases ; and nothing therein contained shall be in viola-
tion of, or repugnant to the spirit and meaning of the militia laws.
Sect. 8. And be it further enacted, That whenever the cavalry shall be associated Who shall
with other corps, for the purpose of duty or exercise, it shall be by order from the w h en the'ca-
commander in chief, and the officers present of the highest grade and oldest commis- ^Lociated
sion shall command. with other
corps.
438
MILITIA. 1811.
(No. 325.)
When.no elec-
tion has taken
place, officers,
how appoint-
ed.
Sect. 9. And be it further enacted, That in case the officers of any regiment or
squadron, or non-commissioned officers and troopers of any troop, shall refuse or ne-
glect to elect a lieutenant colonel, major, captain, and subaltern or subalterns, some fit
and proper person shall be nominated by the brigadier general, if for a lieutenant colo-
nel j by the lieutenant colonel, if for a major; by the major, if for a captain or subal-
tern, to the commander in chief, who shall grant a commission to said person, as if
he had been duly elected.
Cavalry offi-
cers, how ar-
rested, tried,
&c.
Sect. 10. And be it further enacted, That cavalry officers shall be arrested, tried,
fined or cashiered, in the same manner, and under the same rules and restrictions, as
the militia laws have provided for officers of similar grade in the infantry ; and that
calls for officers of different corps, to sit on the said courts martial, shall be reciprocally
made, as the case may warrant, by officers of the cavalry and infantry.
Swords and Sect. 11. And be it further enacted, That there shall be purchased for the use of the
purchased for cavalry, one thousand swords with sabre blades, and seven hundred and fifty pair of
e cava ry. pistols ;* and that the same shall be paid for out of any money which is, or hereafter
may be, in the treasury ; and that the commander in chief shall pursue such measures
for procuring the said arms as he may deem proper, and deposit the same in the arsenal
of this state, or some other fit and proper place, subject to the future order of the le-
gislature, or, in cases of emergency, the Governor for the time being.
Cavalry, when
subject to the
command of
the lieutenant
colonels and
brigadier ge-
nerals of the
infantry.
Sect. 12. And be it further enacted, That the troops of cavalry shall nevertheless
be subject to the command of the lieutenant colonels and brigadier generals of the in-
fantry, (so far as to attend the general review,) to perform the usual routine of patrole
duty, and subject to their call, in case of rebellion, insurrection, or any sudden emer-
gency, when they are not under orders from the field officers of the cavalry, for the like
purposes.
llulesandre- Sect. 13. And be it further enacted, That the rules and regulations relative to dress,
gulations re- \
lative to dress, arms, horses, and furniture, heretofore published by the brigadier general, and which'
&c.
may hereafter be published by him in obedience to the militia laws, shall be deemed
obligatory : Provided, nothing therein contained shall prevent any member of the troop
of cavalry of this state, or who may join the same, from substituting deep blue home-
spun cloth in lieu of broad cloth or cassimere, in the formation of their uniform.
* So much of this section as relates to the purchase of pistols was repealed by act of 1812, No. 329.
MILITIA. 1811.. 439
Sect. 14. And be it further enacted, That all laws militating against this law be, and (No. 325/
the same are hereby repealed. Repealing
J r clause.
ROBERT IVERSON,
Speaker of the House of Representatives,
MATTHEW TALBOT,
President of the Senate,
Assented to, 16th December, 1811.
D. B. MITCHELL, Governor,
AN ACT (No. 326.)
To authorize his excellency the Governor forthivith to contract with Jit and proper
persons to make a certain number of Rifle Guns, with the apparatus thereunto
belonging, for the use of the Militia of this state.
WHEREAS, the time has arrived when it is highly necessary that the citizens of this Preamble,
state should have arms placed in their hands to defend their rights and liberties :
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met,- and it is hereby enacted by the authority of the same,
That from and immediately after the passing of this act his excellency the Governor The Governor
•i-ii i • i • • authorized to
be, and he is hereby authorized and required to contract with fit and proper persons, on contract for
such terms as he shall deem advisable, to make five hundred rifle guns, three feet four ri e o" ' .'
inches long in the barrel, counter-bored and good substance, well stocked with strong
wood, and mounted with iron, and well polished, of the size to carry fifty balls to the
pound, with moulds and wipers for each gun, and have the same deposited in the public
arsenal of this state, subject to be drawn for under the direction of the commander in
chief for the militia, and pay for the same out of any money that now is, or that may
hereafter come into the treasury of this state, not otherwise appropriated.
Sect. 2. And be it further enacted, That his excellency the Governor be, and he is And to pur-
chase 10 000
hereby authorized and required to purchase ten thousand pounds of gun-powder, and lbs. ofpowder,
twenty-five thousand pounds of lead, and fifty thousand rifle and musket flints, and de- ^-^J 000
440 MILITIA. 18121.
(No. 326.) posit the same in the public arsenal of this state, or at such other place or places ^within
this state as, in his opinion, the public safety may require.
Assented to, 7th December, 1812.
BENJAMIN WHITAKER,
Speaker of the House of Representatives .
WILLIAM RABUN,
President of the Senate.
D. B. MITCHELL, Governor.
(No. 327.) AN ACT
To add the county of Madison to the second brigade of the fourth division of the
Militia of this state.
BE it enacted by the Senate and House of Representatives of the state of Georgia,
Madison coun- in General Assembly met, and it is enacted by the authority of the same, That the county
the & 2d brigade of Madison shall be added to, and form a part of the second brigade of the fourth di-
of the 4th di- yision of the militia Gf this state.
vision ot tne
militia.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 7th December, 1812.
D. B. MITCHELL, Governor.
MILITIA. 1812. 44X
AN ACT (No. 328.)
To form a new division out of the counties of Randolph, Jones, Twiggs, Pulaski,
Telfair, Laurens and Wilkinson.
, Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the "authority '"of the same it is hereby enacted,
That the counties of Randolph, Jones, Twiggs, Pulaski, Telfair, Laurens and Wilkin- A fifth divi-
... in s * on °*" m ititi a
son be, and the same are hereby formed into a new division, to be known by the fifth created.
division of Georgia militia.
t
Sect. 2. And be it further enacted, That the counties of Randolph and Jones shall The ls,t and
.2d brigades of
form the first brigade of the fifth division, and the counties of Twiggs, Pulaski, Tel- said division
fair, Laurens and Wilkinson, shall form the second brigade of the fifth division of the
Georgia militia.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate
defined.
Assented to, 7th December, 1812.
D. B. MITCHELL, Governor.
AN ACT (No. 329 v
To amend an act, entitled An act more effectually to provide for the organization
and equipment of the Cavalry of this state, passed the 16th December, 1811,
and for authorizing the Governor to distribute the public arms.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of So much of
Georgia, in General Assembly met, and it is hereby enacted, That so much of the before th f recited
recited act as requires his excellency the Governor to purchase seven hundred and fiftv <l uires the
x • Governor to
pair of pistols be, and the same is hereby repealed. purchase 750
pair of pistols,
repealed.
Sect. 2. And be it further enacted, That his excellency the Governor be, and he is The Governor
rized to
ase not
hereby authorized to purchase any number of pistols and holsters that he may think ^h™
3 L
442 MILITIA. 1812.
(No. 329.) ^proper and necessary, for the use of the cavalry of this state, not exceeding seven hun-
cxceeding 700 ^ re ^ pa j r f p i sto ls and holsters,
pair of pistols * *
and holsters.
May contract Sect. 3. And be it further enacted, That the Governor be, and he is hereby autho-
tional number rized to contract with fit and proper persons for an additional number of swords, not
exceeding five hundred, as he may think proper.
Distribution Sect. 4. And be it further enacted, That his excellency the Governor be, and he is
arms. hereby authorized to make such distribution of the public arms, accoutrements and mu-
nitions of war, as he may deem necessary for the protection of the frontier, or the good
of this state generally.
The cavalry of Sect. 5. And be it further enacted, ^That the cavalry now organized, or which may
sionof the mi- hereafter be organized, in the fifth division of the militia of this state, shall be retained
to the ^esnec * n an< ^ attached to the respective regiments of cavalry as heretofore defined ; any law to
the regiments the contrary notwithstanding,
of cavalry, as
denned BENJAMIN WHITAKER,
Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 10th December, 1812.
D. B. MITCHELL, Governor.
* S.ee act of 1818, No. 341, 33d section.
MILITIA. 1812. 44;
AN ACT* (No. 330."*
To organize the detachments of men which now are, or hereafter may be, required
by the President of the United States from the executive of this state, for the
service of the Union, and to organize Volunteer Companies.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia* in General Assembly met. That whenever any detachment of militia may be Requisition of
5 ' • . . . . militia by the
required of this state by the proper authority, for the service of the United States, it u. States, how
shall be the duty of the adjutant general to apportion the numbers required from & \? '
the several divisions and brigades, and form the same into regiments and battalions,
and to give orders to the respective brigade inspectors, whose duty it shall be to appor-
tion the requisition required of the several regiments, battalions and companies within
the brigade to which such brigade inspector may belong, and out of each regiment, bat-
talion or company to raise, by draft or otherwise, the proportion required from each
regiment, battalion or company.
Sect. 2. And be it further enacted, That it shall be the duty of the several colonels Elections for
out of whose regiment any such company shall or may. be formed, for the use of the of companies
United States, those now actually engaged in the service of the United, States together u^StaJT re-
with those who have already made choice of their officers excepted, to proceed without g^ 1 ^^-
delay to advertise elections for captains, lieutenants and ensigns, to command said com-
panies, which election shall be held as near the centre of each company as convenience
will permit, and shall be held and conducted in the same manner, and subject to the same
regulations as to votes, &c. as govern the elections for militia officers of the same grade
in this state, and the return thereof shall be transferred to his excellency the Governor
without delay ; and it shall be the duty of his excellency the Governor, within ten days Governor shall
after the return thereof, to open and compare the returns, and issue special commissions them,
to the persons so elected ; and the officers so commissioned shall continue in office until
discharged from the service of the United States, or until their office shall be vacated
by death, resignation or other disqualification.
Sect. 3. And be it further enacted, That it shall be the duty of his excellency the Captains, &c.
Governor, on receiving the returns of elections heretofore had, or which may hereafter regiment, how
be had, for captains, lieutenants and ensigns, to command the present detachment given commissloned
* See act of 1818, No. 341, which revise? and consolidates the militia laws, and repeals all others on the
subject.
3 L 2
444
MILITIA. 1812.
(No. 330.) up for the service of the union, to commission them agreeable to the requisitions of this
act.
An election
for a colonel
and two ma-
jors for each
regiment re-
gulated.
Sect. 4. And be it further enacted, That it shall be the duty of the brigadier generals
respectively, so soon as the captains and subalterns as aforesaid shall have received their
commissions, to order an election for a colonel and two majors for each regiment, which
election shall be held at each regimental muster ground, by giving at least twenty days
notice thereof in his general orders ; at which election all persons shall be entitled to
vote who will be subject to the command of such officer or officers, when so elected ; and
it shall be the duty of his excellency the Governor, on receiving the returns of any of
the said elections, to issue commissions as above pointed out ; and such election shall be
conducted and superintended as elections heretofore held under the militia laws of this
state.
Organization
of volunteer
companies.
Proviso.
Sect. 5. And be it further enacted, That any volunteer companies in this state, which
are at present raised, or may be raised, shall be organized and commanded by the offi-
cers already chosen, or which may hereafter be chosen by them, who shall be entitled
to receive their respective commissions from the commander in chief; and the said
companies shall be received into the service of the state or of the United States, as
exigencies may require, when called on by the proper authority, and continue and exist
as organized volunteer corps, for the term of time designated by their articles of asso-
ciation, or for which they may respectively volunteer, subject to the same regulations as
other detachments and companies of militia of the state, when called into service ; and
at the end of said term they shall be dissolved and returned to the militia of the line :
Provided, the number of said volunteer companies shall not exceed one hundred men
each, exclusive of commissioned and non-commissioned officers.
official eligi- Sect. 6. And be it further enacted, That all persons included in any detachment of
1 1 *' the militia called for by the United States, shall be eligible to any of the offices or ap-
pointments.
Repealing
clause.
Sect. 7. And be it further enacted, That all militia laws heretofore passed, militating
against this act, be, and the same are hereby repealed.
Assented to, 10th December, 1812.
BENJAMIN WHITAKER,
Speaker of the House of Representatives,
WILLIAM RABUN,
President of the Senate.
D. B. MITCHELL, Governor.
MILITIA. 1813. 445
AN ACT* (No. 331.)
To authorize the mustering of a portion of the Militia of Camden county at the
town of St. Mary's, in said county.
WHEREAS, the court-house in Camden county is situated more than twenty-two Preamble,
miles from the town of St. Mary's, known to be the most populous part of said county,
and past experience hath evinced that very few of the militia of said district have
heretofore attended the general musters in said county at the court-house : And whereas,
it would be impolitic, at this momentous crisis, for the active force of the militia to
leave the said town unprotected ; and it is desirable that every citizen, capable of bear-
ing arms, should be allowed an opportunity to gain instruction in military discipline :
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act, the militia of the town of St. Mary's, as The militia of
well as all those who reside south of Crooked river, now commanded by captain Thomas t h at so ^ t h f
H. Miller, shall not be required nor compelled to attend any musters beyond the limits Cr °oked nver
of the town of St. Mary's, (the company musters of captain. Thomas H. Miller's men muster at said
.... town.
only excepted.) But the militia of said town, and those under the command of Thomas ,,
H. Miller, liable to perform militia duty, shall be bound to obey the orders of the ad-
jutant general, or the major general of the division, to muster within the limits of said
town, at such times as either of the said officers may direct ; when defaulters will be
subject tq such fines and penalties as by the militia law of this state are imposed in
similar cases. :
Sect. 2. And be it further enacted by the authority aforesaid, That all laws or parts Repealing
laws, that a
hereby repealed.
of laws, that can be construed to militate against this act, shall be, and the same are C ause
BENJAMIN WHITAKER,
, Speaker of the House of Representatives.
WILLIAM RABUN,
President of the Senate.
Assented to, 2d December, 1813.
PETER EARLY, Governor.
Repealed by act of 1816, No, 338,
446
MILITIA. 1813.
(No. 332.)
An act*
To amend the Militia Laws of this state.
Preamble.
WHEREAS, by the militia laws of this state, it is made the duty of the respective
regimental courts, to proceed to lay off any new regimental battalion or company dis-
trict, or to make alteration in any that has been heretofore laid off, and, when so laid
off or altered, to be designated by certain lines and bounds, and recorded by the clerk
of the regimental court of inquiry : And whereas, there is no provision made by law
to regulate the proceedings of battalion courts of inquiry, where such battalions are
not included within the lines and bounds of any regiment heretofore laid off and desig-
nated, and which lines and bounds have been recorded by the clerk of the regimental
court of inquiry, or in counties containing but one battalion, and not attached to any
regiment : for remedy whereof,
Battalion
courts of in-
quiry autho-
rized in cer-
tain cases.
Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That in any battalion in this state, not included within the bounds of any regimental dis-
trict heretofore laid out, and recorded by the clerk of the regimental court of inquiry,
or in counties containing but one battalion which is not attached to any regiment, any
such battalion shall have power and authority to hold battalion courts of inquiry, and
shall have and exercise the same powers as are allowed by law to regimental courts of
inquiry, and shall be entitled to a clerk, to be styled the clerk of the battalion court of
inquiry, and may proceed to record the lines and bounds of their respective company
districts, and shall have power to create any new company district, or make alteration
in any such as have heretofore been laid off, under the same rules and restrictions as
are prescribed by law to regimental courts of inquiry.
Appeals from
any company
court of in-
quiry autho-
rized and re-
gulated.
Sect. 2. And be it further enacted, That when any defaulting officer or soldier shall
have been fined for default of duty by any company court of inquiry, an appeal may be
had to the next battalion court of inq 
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